HomeMy WebLinkAboutC29400C - Mtrl Testing & Spcl Inpctn Svcs (722-10) Contract No. C29400C
CITY OF PALM DESERT/PALM DESERT REDEVELOPMENT AGENCY
PUBLIC WORKS DEPARTMENT
STAFF REPORT
REQUEST: AWARD CONTRACT NO. C29400C FOR MATERIAL TESTING AND
SPECIAL INSPECTION SERVICES FOR THE PALM DESERT
AQUATIC CENTER TO CONVERSE CONSULTANTS IN THE AMOUNT
OF $53,800 (PROJECT 722-10)
SUBMITTED BY: Mark Greenwood, P.E., Director of Public Works
DATE: October 28, 2010
CONTENTS: Agreement
Contractor's Proposal
Recommendation
By Minute Motion:
1. Award Contract No. C29400C to Converse Consultants for the Palm Desert
Aquatic Center in the amount of$53,800;
2. Authorize the Director of Finance to set aside a 10 percent contingency in
the amount of$5,380; and
3. Authorize the Mayor to execute the Agreement.
Funds are available in Account No. 233-4549-454-4001, Park and Recreation Facilities Fund;
and Account No. 851-4549-454-4001, Project Area 2 Aquatic Facility Capital Budget. No
General Fund money is being used for this expenditure.
Backqround
On September 9, 2010, a construction contract was awarded to ASR Constructors, Inc., for
the Palm Desert Aquatic Center project. In order to minimize the overall project cost, the
construction management will be done by in-house staff. Nevertheless, the City of Palm
Desert, as the owner of the Aquatic Center, is required under Chapter 17 of the 2007
California Building Code to employ testing and special inspection services for this
construction.
A Notice Inviting Proposals was advertised and staff solicited proposals for the material
testing and special inspection services. On October 8, 2010, staff received nine proposals for
the project. The following firms have submitted proposals:
1. Converse Consultants, Redland, CA
2. Southern California Soil & Testing, Inc., Indio, CA
Staff Report
Award Contract C29400C to Converse Consultant For Material Testing for Aquatic Center
October 28, 2010
Page2of2
3. Leighton Consulting, inc., Palm Desert, CA
4. MTGL, Inc., Indio, CA
5. C.H.J., Inc., Palm Desert, CA
6. Twining Companies, Long Beach, CA
7. Heider Engineering Services, Inc., Ontario, CA
8. River City Testing, Riverside, CA
9. Inland Engineering Technologies, Inc., Murrieta, CA
A proposal review committee comprised of staff ranked the proposals in the areas of
qualifications of the firm and its personnel, management approach, technical approach to this
particular project, and overall completeness of the proposal. Converse Consultants scored
the highest initially based on the aforementioned criteria, which accounts for eighty percent of
the overall score. In addition, the cost and location, which account for ten percent each, were
factored into each firm's overall score.
After weighing the cost and location factors, Converse Consultants still has the highest
overall score as the preferred consultant. The cost proposal is $53,800 and staff is confident
in the value being received.
Fiscal Analvsis
There is no fiscal impact other than the cost for the material testing and special inspection
services required as part of the construction project.
Prepared By:� � Depa en d:
� ���
Bo Chen, P.E.,� ity Engineer Mark Greenw od, P.E.
Director of Public Works
' ��
P ul S. Gibson, Director of Finance sti McCarthy, ACM! e elopment
Approval: CITY OUNCILA�T
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, RECEIVED OTHER
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Contract No. 29400C
AGREEMENT
THIS AGREEMENT, made and entered into this 28th day of October , 2010, by
and between THE CITY OF PALM DESERT, a municipal corporation, hereinafter
referred to as "CITY" and Converse Consultants hereinafter referred to as
"CONSULTANT".
WITNESSETH:
WHEREAS, CONSULTANT is a corporation, the principal members of which are
Professional CONSULTANTS duly registered under the laws of the State of California;
and
WHEREAS, CITY desires to engage CONSULTANT to render certain technical
and professional services as set forth in Exhibit "A" (CONSULTANT'S Proposal of
Services) in connection with the Palm Desert Aquatic Center Proiect No 722-10
NOW, THEREFORE, the parties hereto agree as follows:
(1) CITY hereby agrees to engage CONSULTANT to perform the
technical and/or professional services as hereinafter set forth.
(2) CONSULTANT shall perform all work necessary within the
schedules provided herein to complete the services set forth in Exhibit "A" attached
hereto and by reference incorporated herein and made a part hereof.
(3) All information, data, reports and records and maps as are existing
and available from the CITY and necessary for the carryings out of the work outlined in
Exhibit "A" hereof shall be furnished to CONSULTANT without charge by CITY and
Page 1 of 8
Contract No. 29400C
CITY shall cooperate in every way reasonabie in the carrying out of the work without
delay.
(4) CONSULTANT represents that, it employs or will employ at its own
expense, all personnel required in perForming the services under this Agreement.
(5) All of the services required hereunder will be performed by
CONSULTANT or under its direct supervision, and all personnel engaged in the work
shall be qualified and shall be authorized or permitted under state and local law to
perform such services.
(6) The execution of this Agreement by the parties hereto does not
constitute an authorization to proceed. CITY's Director of Public Works has not
authorized CONSULTANT to proceed.
(7) The CONSULTANT shall work closely with the CITY's Director of
Public Works, or his designated representative, who shall be the principal officer of the
CITY. The CONSULTANT shall review and receive the Director of Public Works
approval of the details of work as it progresses. The Registered Civil CONSULTANT
hereby designated by the CONSULTANT as its representative for supervision of the
work required by this Agreement is Hashmi Quazi. R.C.E. No. 46651, and R.G.E. No.
2517.
(8) The CONSULTANT warrants that he has not employed or retained
any company or person, other than a bona fide employee working solely for the
consultant, to solicit or secure this Agreement, and that he has not paid or agreed to
pay any company or person, other than a bona fide employee working solely for the
Page 2 of 8
Contract No. 29400C
consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, CITY shall have the right to annul this
Agreement without liability or in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
(9) The right is reserved by the CITY to terminate the Agreement at
any time upon seven (7) days written notice, in the event the project is to be abandoned
or indefinitely postponed, or in the event the CONSULTANT'S services, in the sole
judgment of CITY, are unsatisfactory or because of the CONSULTANT'S failure to
prosecute the work with diligence or within the time limits specified or because of his
disability or death. In any such case, the CONSULTANT shall be paid the reasonable
value of the services rendered, based upon CONSULTANT'S standard hourly rates, up
to the time of the termination. The CONSULTANT shall keep adequate records to
substantiate costs and provide copies of original timecards in the event of termination or
suspension.
(10) All documents including tracings, drawings, estimates, reports,
investigations and computations shall be delivered to and become the property of the
CITY. CITY acknowledges and agrees that all plans, specifications, reports and other
design documents prepared by CONSULTANT pursuant to this agreement shall be
used exclusively on this project and shall not be used for any other work without the
written consent of CONSULTANT. In the event CITY and CONSULTANT permit the re-
use or other use of the plans, specifications, reports or other design documents, CITY
Page 3 of 8
Contract No. 29400C
shall require the party using them to indemnify and hold harmless CITY and
CONSULTANT regarding such re-use or other use, and CITY shall require the party
using them to eliminate any and all references to CONSULTANT from the plans,
specifications, reports and other design documents.
(11) The CONSULTANT shall comply with all federal, state and local
laws, ordinances and regulations applicable to work.
(12) No change in the character or e�ctent of the work to be performed
by the CONSULTANT shall be made except by supplemental authority in writing
between CITY and the CONSULTANT. The supplemental authority shall set forth the
changes of work, extension of time and adjustment of the fee to be paid by CITY to the
CONSULTANT, if any.
(13) In connection with the execution of this Agreement, the
CONSULTANT shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin. The CONSULTANT
shall take affirmative actions to insure equal employment opportunity and that
employees are treated, during their employment, without regard to their race, religion,
color, sex or national origin. Such actions shall include, but not limited to, the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay, or other forms of compensation and selection for
training, including apprenticeship. This clause shall be included in each related
subcontract, if any, awarded by the CONSULTANT.
Page 4 of 8
Contract No. 29400C
(14) The CITY agrees to pay the CONSULTANT for the work required
by this Agreement on the following basis:
CONSULTANT shall submit invoices monthly for services perFormed in
the previous month not to exceed the total contract amount of: 53 800 (Fiftv-Three
Thousand and Eiaht Hundred: 00/100 ONLY1. CITY agrees to pay all undisputed
invoices within thirty (30) days of receipt of invoice. CITY agrees to notify
CONSULTANT of disputed invoices within fifteen (15) days of receipt of said invoice.
(15) The CONSULTANT agrees to complete the work and submit the
Final Design as displayed in Exhibit "A".
(16) In the event that any judgment is entered in any action upon this
Agreement, the party hereto against whom such judgment is rendered agrees to pay the
other party an amount equal to the reasonable value of the legal services performed in
his or its behalf in such action and that such amount may be added to and made a part
of such judgment.
(17) This Agreement shall be binding on the successors and assigns of
the parties, but it shall not be assigned by the CONSULTANT without written consent of
the CITY.
(18) The CONSULTANT shall be an independent contractor, not an
employee of the CITY.
(19) Prohibited interests are as follows:
Page 5 of 8
Contract No. 29400C
No officer, member or employee of the CITY during his tenure or one year
thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds
thereof. The parties hereto covenant and agree that to their knowledge no member of
the City Council, officer or employee of the CITY has any interest, whether contractual,
non-contractual, financial or otherwise, in this transaction, or in business of the
contracting party other than the CITY, and that if any such interest comes to the
knowledge of either party at any time a full and complete disclosure of all such
information will be made in writing to the other party or parties, even if such interest
would not be considered a conflict of interest under applicable laws.
The CONSULTANT hereby covenants that he has, at the time of this
Agreement, no interest, and that he shall not acquire any interest in the future, direct or
indirect, which would conflict in any manner or degree with the perFormance of services
required to be performed pursuant to this Agreement. The CONSULTANT further
covenants that in the perFormance of this work no person having any such interest shall
be employed by the CONSULTANT. -
(20) The CONSULTANT shall indemnify and save harmless the CITY,
its officers and employees from and against any liability, loss, cost or expense resulting
from any injury or damage to persons or property arising out of, pertaining to, or relating
to the negligence, recklessness, or willful misconduct of the CONSULTANT, its agents
or employees, while engaged in the performance of this Agreement. The
CONSULTANT shall submit to CITY, prior to the issuance of the Notice to Proceed,
certification of adequate coverage for "errors and omission" insurance in amounts
Page 6 of 8
Contract No. 29400C
approved by the City Attorney. Any such insurance shall not be canceled prior to
written notice to and approval from the CITY.
(21) The City shall not be responsible for payment for services by the
Consultant that are directly related to addressing discrepancies, errors, omissions,
ambiguities, etc. in the plans, specifications, and estimates prepared by the consultant.
(22) In case of conflicts within the contract documents, the document
precedence shall be as follows:
(a) This Agreement;
(b) Exhibit "A" (CONSULTANT'S Proposal of Services, and any
written modifications thereto).
IN WITNESS WHEREOF, said parties have executed this Agreement the
date first hereinabove written.
CITY OF PALM DESERT CONVERSE CONSULTANTS.
A Municipal Corporation
Cindy Finerty, Mayor Authorized Signature
Date: Date:
ATTEST:
Rachelle Klassen, City Clerk
APPROVED AS TO CONTENT:
Mark Greenwood, P.E. David J. Erwin, City Attorney
Director of Public Works
Page 7 of 8
Contract No. 29400C
EXHIBIT "A"
Page 8 of 8
PROPOSAL TO PROVIDE MATERIAL TESTING
AND SPECIAL INSPECTION SERVICES FOR
PALM DESERT AQUATIC CENTER
CONTRACT NO. C29400C
�� PROJECT NO. 722-10
���
��, �
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Gty of Palm Desert, California
N''�
('ALM DE�ERT
October 8, 2010
_ Converse Project No. 10-81-298-00
TABLE OF CONTENTS
LETTER OF TRANSMITTAL............................................................. Page 1
TECHNICAL PROPOSAL ................................................................. Page 4
A. Qualifications, Related Experience, and References.................. Page 4
6. Management Approach............................................................ Page 7
C. Technical Approach/Work Plan .............................................. Page 11
L� Converse Consultants
1�� Geotechnical Engineering, Environmental & Groundwater Science, Inspection &Testin Services
9
October 8, 2010
Mr. Bo Chen, City Engineer
City of Palm Desert
Department of Public Works
73-510 Fred Waring Drive
Palm Desert, CA 92260-2578
Subject: PROPOSAL TO PROVIDE MATERIAL TESTING AND SPECIAL INSPECTION
SERVICES FOR PALM DESERT AQUATIC CENTER
(CONTRACT NO. C29400C; PROJECT NO. 722-10)
City of Palm Desert, California
Converse Project No. 10-81-298-00
Dear Mr. Chen:
Converse Consultants (Converse) is pleased to submit our proposal to provide material testing
and special inspection services for the above referenced project. Our proposal is based on
review of the Request for Proposals issued by the City of Palm Desert, dated September 23,
2010, and your response to our questions, sent via e-mail on September 29, 2010.
Converse Consultants (Converse) has been providing geotechnical engineering, materials
testing and construction inspection services in Southern California for the last 64 years. We
if �������.- 10391 Corporate Qrive. Rr dlands,Calitarnia 92374
�1�Pa�����` Telephorie:{9pg)7g6-0544 ♦ Facsimile:�909)7�6-�675 ♦ e-m�iil:redl�ndsC�?�converseconsuitanls.com
have provided services on numerous similar projects, most recently on the Jurupa Aquatic
Center for Riverside County Economic Development Agency. Also, as of January 1, 2010
Converse has been listed as a qualified professional services consultant for the City of Palm
Desert for contracts less than $25,000.
Converse has the qualifications and resources to provide the City of Palm Desert with high
quality, cost effective services for this project. We have over 80 regional professional and
technical staff, including in-house geotechnical engineers, engineering geologists,
environmental scientists, special inspectors, laboratory and field technicians, drafting/CAD
specialists, and other specialized support personnel. Our in-house full service laboratory is
certified by DSA, Caltrans, US Army Corps of Engineers, CCRL, and AASHTO, and is fully staffed
and equipped to perform all geotechnical and materials tests that will be required for your
project. It is supervised by a registered engineer to ensure quality control and is available 24/7.
We will not be using any subcontractors for this project.
Your project will be serviced out of our Redlands office, located in San Bernardino County. Our
contact information is as follows:
Converse Professional Group (DBA Converse Consultants)
10391 Corporate Drive, Redlands, CA 92374
Contact Person: Hashmi Quazi, Ph. D„ P.E., G.E., Principal/Regional Manager
Tel.: 909-796-0544, Fax: 909-796-7675, E-mail: hquazi@converseconsuitar7ts.cam
Page 2
Dr. Hashmi Quazi will be the designated Principal in Charge/Project Manager for your project.
He is a registered civil and geotechnical engineer with over 23 years of experience in Southern
California. Dr. Quazi has been the Principal in Charge/Project Manager on numerous similar
projects. He will be the single point of contact for our services to you and will ensure that all
deliverables are submitted on schedule and within budget.
Dr. Quazi will also be our contact person during the proposal evaluation phase. He is authorized
to bind Converse to the terms of any contract resulting from this submittal.
By signing this letter of transmittal, Dr. Quazi, on behalf of Converse Consultants, is attesting
that all information submitted with the submittal is true and correct. We see no real or
apparent organizational conflict of interest relating to this project.
We have reviewed the Sample Agreement, inc(uded as part o the RFP, and can comply with its
terms and conditions. Our proposal will remain valid for a period of 120 days from the date of
the submittal.
We appreciate the opportunity to submit this proposal to the City of Palm Desert. If you have
any questions, please call the undersigned at (909) 796-0544.
CONVERSE CONSULTANTS
�
Hashmi Quazi, Ph. D., P. E., G. E.
Principal Engineer/Regional Manager
Dist 6/Addressee (1 unbound original and 5 bound copies)
Page 3
� / . . • � � , - � � . . . � � r „ �
COMPANY PROFILE
Year Established
Converse was established in 1946 by Professor Frederick J. Converse in Pasadena, California.
Form of the Organization
Converse is an employee-owned corporation.
Number, Size, and Location of Offices
We have 12 offices and over 230 employees throughout the United States — California
(Monrovia, Redlands, Costa Mesa, Temecula, and Sacramento), Nevada (Las Vegas, Reno, and
Elko), Arizona, Pennsylvania, New York, and New Jersey.
Type of Services
We provide professional services in the fields of geotechnical engineering, engineering geology,
groundwater sciences, environmental engineering, and soils and materials testing and
inspection.
FINANCIAL CONDITION
Converse Consultants has been free of bank debt for over 10 years, running strictly on its own
income. We remain very financially strong, as is demonstrated by outside rating agencies such
as Dun and Bradstreet. There are no other conditions, such as bankruptcy, merger or
acquisition pending which may impede our ability to complete the project. As our outside
independent CPA's and bank can attest to per our yearly CPA reviewed financial information,
Converse Consultants is a fiscally responsible company.
Page 4
SIMILAR EXPERIENCE AND REFERENCES
We have been providing materials testing and inspection services to cities and other public
agencies throughout Southern California for over 64 years. We have recently provided or are
currently providing similar services to City of Riverside, City of Fontana, City of San Bernardino,
City of Indio, City of Victorville, City of Temecula, County of Riverside, and County of San
Bernardino, among others. Select representative projects, with the respective client references,
are briefly described below.
1. Proiect Name and Location•Jurupa Aquatic Center, Riverside County, CA
Client Reference: Riverside County Economic Development Agency (EDA)
3403 10th Street, Suite 500, Riverside, CA 92501
Mr. Tony Resendez, Tel.: 951-955-8916
Proiect Description: The project consists of approximately 15,000-square-foot administration
and operations building, 220 parking spaces, 25 yard by 35 yard competition pool, lazy flow
river, children's water playground area, and three water slides with a recreation pool.
Services Provided bv Converse� Geotechnical Observation and Testing, Materials Testing and
Inspection Services
Proiect Team: Hashmi Quazi, Principal in Charge; Harihar Shiwakoti, Project Engineer; Scot
Rubeshaw, Inspector; Carlos Samaniego, Inspector; Brandon Williams, Inspector; Kenneth Lynn,
Inspector; Daniel Dismang, Technician
2. Proiect Name and Location• Yucaipa City Hall, Yucaipa, CA
Client Reference: City of Yucaipa
34272 Yucaipa Boulevard, Yucaipa, CA 92399-9950
Page 5
Ms.Jennifer Shankland,Tel.: 909-797-2489 ext 236
Proiect Description: The project consisted of construction of 19,960 square foot City Hall
Building including a combination of wood/steel framed, single story structure. In addition, the
project included an extension of the existing 6th Street and construction of Civic Center Drive.
Services Provided bv Converse• Geotechnical Observation and Testing, Materials Testing and
Inspection Services
Proiect Team: Hashmi Quazi, Principal in Charge; Nick Romo, Inspector; Brian Kauffman,
Technician;Jay Navarro, Technician
3. Proiect Name and Location• Community Recreation Facility, Crafton Hills College, Yucaipa,
CA
Client Reference: Crafton Hills College c/o Kitchell/BRj
11711 Sand Canyon Road, Yucaipa CA 92399
Mr. Bruce McDonald, Tel.: 909-435-4155
Proiect Description: The Community Recreation Facility consists of a 12,322 square-foot (8
lanes) competition swimming pool, built on-site, a 6,000 square foot, one-story masonry
building located north of the pool, and associated landscaping. The competition swimming pool
is approximately 170 feet long, 85 feet wide, and seven (7)feet in depth.
Proiect Team: Hashmi Quazi, Principal in Charge; Scott Rubeshaw, Inspector; Carlos Samaniego,
Inspector; Brandon Williams, Inspector; Gerardo Portea, Technician; Brian Scott, Technician
SUBCONTRACTORS
Converse will not be using subcontractors for this project.
Page 6
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� • • � � •
•
PROJECT MANAGEMENT
Project Manager
The Project Manager, who is a registered engineer, will be the single point of contact for our
services to you. He will discuss the contractor's progress with the Construction Manager weekly
and will work with our Field Services Coordinator and field personnel to forecast the man-hours
required for staffing of all inspection and testing activities. Based on the contractors schedule and
sequencing of activities, he will project the staff requirements.
Scheduling and Service Coordination/Dispatcher
Our Field Services Coordinator (FSC) will be the single point of contact to take requests for our
services from our clients. We request 24 hours advance notice; however, we are often able to
respond to shorter notice. Based on the specific project requirements, the FSC will coordinate
with the field personnel on a daily basis and schedule field personnel to be at the site on the
day and time requested.
Laboratory Services
Our laboratory services are available 24 hours a day, 7 days a week. We can accommodate any
required testing schedule. The project engineer will ensure that the field personnel are supplied
with the laboratory test results on time.
KEY PERSONNEL
Converse has over 80 regional professional and technical staff available to meet the needs of
your project. We have put together a well-integrated multi-disciplinary team consisting of
Page 7
engineers, geologists, special inspectors, field and lab technicians, experienced in all areas of
materials testing and inspection that will be required for your project. Our key staff inembers,
their professional credentials and experience are presented in the tables below. A project
organization chart is enclosed after that. Due to page limitations, we can only list the
professional credentials of key team members; their resumes and copies of their certificates
and other applicable credentials will be presented upon request. Key personnel will be available
to the extent needed for the duration of the project, and no person designated as "key" will be
removed or replaced without the prior written concurrence of the City.
. . ,� ,� ,
• . . . - .
. � � � � .
. �
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• � .
Hashmi Principa) in Various Projects at
Quazi Charge/ Project Ph.D., P.E., G.E. 23 21 60%; till January
Manager 2011
Harihar P.E. Caltrans 105, Various Projects at
Shiwakoti Project Engineer 201, 202, 216, 5 1 60%; till January
217, 226 2011
• � . � .
� . . . - . � . .
• � .
• . ,
�
• ' • - . � .
Specia) Inspector- DSA Masonry, AWS
Reinforcing Steel, Certified Welding
Steel and Welding, Inspector, ICC
Concrete, Reinforced Concrete, Various
Brandon Fireproofing, Pre-stressed Projects at
Williams Masonry Concrete, Structural 9 3 50%;till
Steel and Welding, January 2011
Spray-Applied
Fireproofing, ACI
certified
Page 8
Special inspector- AWS Certified
Reinforcing Steel, Welding Inspector,
Structural Steel and ICC Reinforced
Welding, Concrete, Pre- Various
Carlos Projects at
Samaniego Masonry, Concrete, stressed Concrete, 13 2
High Strength Structural Steel and 60%; till
Bolting Welding, Structural January 2011
Masonry, ACI
certified
� .
� . . . - .
•. . .
. � � • �
� • ' • • � �
Field Various
Brian Technician - Caltrans 216, 231, 504, 518,
533, 539, 540, 557, ACI, 7 � Projects at
Kauffman Soils and 50%; till
Concrete Nuclear Gauge
January 2011
Field Various
Daniel Technician - Caltrans 216, 231, 504, 518,
533, 539, 540, 557, ACI, 7 6 Projects at
Dismang Soils and 40%; till
Concrete Nuclear Gauge
January 2011
Field Various
Jay Technician - Caltrans 21b, 231, 518, 533,
539, 540, 557, ACI, Nuclear g � Projects at
Navarro Soils and 30%; till
Concrete Gauge
January 2011
, ; � . , i ,
� . � . - .
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B.S., ACI, Caltrans 105, 201, Various
Satish Laboratory 202, 216, 217, 226, 227, Projects at
Jain Manager 504, 518, 521, 533, 539, 9 9
70%; till
540, 557, Nuclear Gauge January 2011
Nuclear Gauge, ACI, Various
Jose Laboratory Projects at
Guzman Technician Caltrans 105, 201, 202, 301, 2 2
523, 539 60%a; till
January 2011
Nuclear Gauge, Caltrans Various
Jason Laboratory Projects at
Huang Technician 105, 106,125a, 125b, 125c, 3 3
1250, 206, 201,202, ,226 60%; till
January 2011
Page 9
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. ,
PROJECT UNDERSTANDING
The Palm Desert Aquatic Center project is located in the Civic Center Park which is part of the
City's Civic Center Complex at 73-510 Fred Waring Drive. It is a 7.8 acre parcel located in the park
south of Magnesia Falls Drive and east of the ball fields. The project consists of bathhouse, staff
offices, family changing rooms, concession stand, multi-use room, a 50-meter x 25 yard
competition pool, zero-depth entry recreation pool, diving boards (two 3- and two 1- meter
boards), water polo, shade structures, bleachers, slides, play features, landscaped areas, and
parking by utilizing the existing date grove. Support amenities, such as fencing, concrete deck,
irrigation and shade, will also be part of this project. It is anticipated that construction will start in
early October and will be completed in May, 2011.
SCOPE OF WORK
If awarded that contract, Converse will provide all necessary project related material testing and
special deputy inspection services required as per the project specifications. The general scope of
work includes, but is not limited to: roof testing, water repellents testing, soil testing, concrete
testing and inspection, concrete masonry unit testing and inspection, and metal (steel and
aluminum) framing and decking testing and inspection. We will also coordinate all the material
testing and special deputy inspections and prepare testing and inspection reports accordingly.
PROJECT APPROACH
Our approach to performing the various tasks under our scope of work is discussed below.
Page 11
GRADING OBSERVATION AND TESTING(PERFORMED BY FIELD TECHNICIAN)
Our field technician will be present full-time to monitor the removal of all unsuitable material both
vertically and laterally across the site. He will determine that firm excavation bottoms are reached
prior to approval placing compacted fill. Field density testing will be performed as the fill
progresses to assure that adequate moisture content and relative compaction as required by the
project specifications are being achieved. The tests will be performed using the Sand Cone (ASTM
D1556)and/or the Nuclear Gauge (ASTM D2922). In case of a failing test result, our field technician
will immediately notify your representative and the grading contractor. Copies if written test
results are prepared in triplicate in the field and will be provided to the Inspector at the end of
each working day.
POST GRADING OBSERVATION AND TESTING (PERFORMED BY FIELD TECHNICIAN)
Post-grading activities includes observation and testing of all structural backfill (subterranean
and retaining wall, etc), utility trench backfill and street and parking lot grading.
Structural Backfill - Backfill behind walls will begin after the walls have achieved enough
strength to withstand stresses from compacting equipment. Our field technician will verify the
suitability of the backfill material prior to fill placement. He will observe backfill placement and
conduct in-place density tests as the fill progresses. Areas of failed tests will be reworked until
passing results are achieved.
Trench Backfill - Our field technician will be present on a full-time basis during all phases of
trench backfilling, unless otherwise directed by your representative. Tests will be conducted in
accordance with the ASTM Standard D1556 (Sand Cone method), or the ASTM D2922 (Nuclear
method). In most cases, the test method will be determined by the inspector in the field. The
Page 12
relative compaction will be computed on the basis of the field density determinations for each
particular soil type encountered. The maximum density of soils, aggregate base, and asphalt
concrete will be determined in our laboratory in accordance with the ASTM Standard. Each
technician is equipped with the necessary apparatus for conducting this test in the field so that
immediate test results can be provided, if necessary.
Pavement Testin� - Converse will prepare a pavement structural section report based upon
laboratory R-value, sieve analysis, and sand equivalent testing. This report will be applicable for
all surfaces to receive concrete and asphalt pavement on-site. Compaction testing of subgrade
and base materials will be performed at the direction of the CM's representative. Converse will
also perform nuclear backscatter density testing of the placed asphalt to verify proper
compaction of the asphalt concrete. Laboratory testing of the asphalt will include extraction
and gradation, and Marshafl Density.
Foundation Insaection - Converse will verify dimensions and that the footings extend into
satisfactory soils and that footing excavations are free of loose and disturbed materials prior to
concrete placement. We will also inspect reinforcing steel placement.
SPECIAL INSPECTlON (PERFORMED BY SPECIAL INSPECTORSI
Converse will perform special inspections, as required in the project plans and specifications for
reinforcing steel, concrete, masonry, metal framing and decking.
LABORATORY TESTING (PERFORMED BY LABORATORY PERSONNEL)
All testing will be performed at our in-house full-service laboratory, certified by Caltrans, DSA,
US Army Corps of Engineers, CCRL, and AASHTO. All test results will be distributed to the
owner, architect, structural engineer, and the Inspector of Record.
Page 13
OFFICE SUPPORT(PERFORMED BY PROIECT MANAGER AND OFFICE STAFF)
• Provide consultation and attend as-needed project progress meetings
• Verify and approve all laboratory test results before issuing to the field representative and
the project team
• Prepare interim reports on project progress and monitor staff allocation
• Review all field daily reports to verify compliance with the project plan and specification
• Perform budget monitoring and percent completion and budget expended. Keep you
updated on the budget status along with every monthly invoice
• Prepare final grading, post-grading and project close out reports
PROIECT SCHEDULE
Our schedule will follow the contractor's schedule and sequencing of activities. Since a
construction schedule is not available at this point, we are not able to present a project
schedule for our tasks and subtasks.
QUALITY CONTROL
As part of our QC on your project, we will conduct the following:
• Conduct an in-house project kick-off ineeting to go over the project plan and specification
with our team members
• Establish chain of command and reporting protocol among the team members
• Review daily field reports for non-compliance and corrective action and review laboratory
test results prior to issuing to the team members
Our engineering staff is provided with regular training sessions to review the codes and
regulations by which our services are governed. These training sessions serve as refreshers for
Page 14
experienced staff and continuing education for younger engineers. Our Technician Training and
Competency Review Policy and Procedures require ensure that staff assigned to perform a test
will be properly trained with current competency verification for the testing task to which they
are assigned. CCRL performs periodic inspections of Converse and AMRL distributes and
evaluates the results of proficiency test samples. Their inspections verify compliance of our
Quality Control Manual (QMC) to the ASTM standards, verify our compliance with the policies
and procedures contained in the QCM, equipment with the ASTM standard testing procedures,
and our technicians in performance of tests in accordance with the standard testing
procedures.
BUDGET AND SCHEDULE CONTROL
Converse will perform the following steps to maintain budget and schedule control:
• The Project Manager will review the plans and specifications to ensure that the project is
completed accordingly. If a potential problem arises or is detected, he will discuss it with
the parties involved to arrive at a reasonable solution. This proactive approach helps to
avoid issues that can result in a costly delay in the project schedule and budget overruns.
• We will assign technicians and inspectors with multiple certifications, which will enable us
to keep our personnel effectively utilized while on-site, resulting in time and cost savings.
• The Project Manager will review all invoices. The budget expended will be compared to the
work completed. If there appears to be more work to be done than the remaining budget
will cover, the Project Manager will discuss this with you to keep project costs under
control. Any necessary budget amendments will be issued promptly at 70%of budget usage
after discussion with you.
Page 15
- �� Converse Consuitants
1C� Geotechnical Engineering, Environmental &Groundwater Science, Inspection &Testin Services
9
October 8, 2010
Mr. Bo Chen, City Engineer
City of Palm Desert
Department of Public Works
73-510 Fred Waring Drive
Paim Desert, CA 92260-2578
Subject: COST PROPOSAL TO PROVIDE MATERIAL TESTING AND SPECIAL INSPECTION
SERViCES FOR PALM DESERT AQUATIC CENTER
(CONTRACT NO. C29400C; PROJECT NO. 722-10)
City of Palm Desert, California
Converse Project No. 10-81-298-00
Dear Mr. Chen:
Converse Consultants (Converse) is pleased to submit our cost proposal to provide material
testing and special inspection services for the above referenced project. Our proposal is based
on review of the Request for Proposals issued by the City of Palm Desert, dated September 23,
2010, and your response to our questions, sent via e-mail on September 29, 2010.
Our cost proposal, as well as our Schedule of Fees and General Conditions are enclosed. Our
fees are based on the following assumptions:
�s � ",,-� 10391 Corporate prive, Redlands,California 92374
�M������_���� Telephone:(909)796-0544 ♦ Facsimile:(909 796-7675 ♦ e-mail:redlandsCu�
1 conuerseconsuftants.com
• An eight-hour day at the site. Overtime will be charged at 1.5 times the regularly hourly rate.
� There will be a two-hour minimum charge in case of work cancellation after our field
personnel has been dispatched.
• It is understood by both contracting parties that this is a prevailing wage project as defined in
Labor Code Sections 1770-1780.
• Our rates will be adjusted if the prevailing wage is adjusted by the Department of Industrial
Relations.
• For on-call services, the test locations will be prepared and ready for testing by Converse field
personnel upon their arrival at the site. The client and/or contractor will be responsible for the
excavation and backfilling of all test locations.
� Additionat inspections and laboratory testing outside the agreed-upon scope of work can be
provided upon request. Charges for these additional services will be based on our attached
Schedule of Fees.
• No services will be provided prior to our signature of an agreement with you. No additional
work required will be provided without written authorization and a budget amendment from
your authorized representative.
• Our services will be performed on a time-and-materials basis in accordance with the unit rates
indicated, and/or Schedule of Fees and General Conditions.
Page 2
� Our fieid representative will not direct, supervise or lay out the work of the contractor. Our
services will not include a review or evaluation of the contractor's safety measures on or near
the project.
• Any meetings and/or consultation(s) requested by the client will also be charged in accordance
with the attached Schedule of Fees.
• Testing services outlined in this proposal will be performed at the request of your authorized
representative.
• If services are provided on as-needed basis, no comments regarding compaction procedures or
observations will be made. Daily field reports indicating work performed and test locations will
be provided as the testing is completed.
• We require 24 hours advance notice for our services. We will, however, make every attempt
to accommodate requests on shorter notice.
We appreciate the opportunity to submit this cost proposal to the City of Palm Desert. If you
have any questions, please call the undersigned at (909) 796-0544.
CONVERSE CONSULTANTS
Hashmi Quazi, Ph. D., P. E., G. E.
Principal Engineer/Regional Manager
Dist 1/Addressee
Page 3
�� CONVERSE CONSULTANTS
,!� 10391 Corporate Drive
1 Redlands,CA 92374
Telephone 909/796-0544
Fax 909/796-7675
Project Name: Palm Desert Aquatic Center Pa e 1 of 3
Project#: 10-81-298
City of Paim Desert,California Date: 10/08/10
SITE GRADING:
FIELD TESTING SERVICES
Task Unit No.of Unit Unit Rate Cost
Sample pick-up hour g $ $
$50.00 $300.00
Observe site grading,swimming pool excavation and
backfilling behind walis,and conduct in-place density testing hour 40
of compacted fill $70.00 $2,800.00
Geologic observation to inspect and approve excavation
bottoms prior to placing fill hour 8 $100.00 $800.00
Subtotal:
$3,900.00
LABORATORY TESTING SERVICES
Test Unit No.of Unit Unit Rate Cost
Modified Proctor(soils) test 2 $110.00 $
Expansion Index $220.00
test 2 $80.00 $160.00
Soil Corrosivity set 1 $140.00
Subtotal: $140.00
$520.00
OFFICE SERVICES
Task/Service Unit No. of Unit Unit Rate Cost
Office support hour g �
Project manager $50.00 $300.00
hour 6 $90.00 $540.00
Grading Report lum sum 1 $1,900.00
Subtotal: $1,900.00
$2,740.00
COST ESTIMATE SUMMARY FOR SITE GRADING:
Field Testing Services: $3,900.00
Laboratory Testing Services: $520.00
Office Services:
Totai Cost for Site Grading: $2,�40.00
$7,160.00
�� CONVERSE CONSULTANTS
,�� 10391 Corporate Drive
Redlands,CA 92374
Telephone 909/796-0544
Fax 909/796-7675
Pa e2of3
Project Name: Palm Desert Aquatic Center Project#: 10-81-298
City of Palm Desert, California Date: 10/08/10
POST GRADING:
FIELD TESTING SERVICES
Task Unit Na of Unit Unit Rate Cost
$
Sample pick-up hour 6 $50.00 $300.00
Inspect footing bottoms,observe utility trench backfill placement and
conduct in-place density testing of compacted fill;observe street and
parking areas subgrade preparation,placement of aggregate base hour 32 $70.00
and asphaltic concrete,and conduct in-place density testing of $2,240.00
subgrade,aggregate base,and asphaltic concrete
Subtotal:
$2,540.00
LABORATORY TESTING SERVICES
Test Unit No.of Unit Unit Rate Cost
Modified Proctor(soils) test 2 $110.00 $
Modified Proctor(aggregate) $220.00
$120.00
R-value test 1 $240.00 $120.00
Marshall Density $240.00
set 1 $150.00 $150.00
Extraction&Gradation test 1 $150.00
Subtotal: $150.00
$880.00
OFFICE SERVICES
Task/Service Unit No.of Unit Unit Rate Cost
O�ce support hour 4 $$50.00
Project manager $200.00
hour 4 $90.00 $360.00
Post-Grading Report lum sum 1 $1,200.00 $1,200.00
Subtotal:
$1,760.00
COST ESTIMATE SUMMARY FOR POST GRADING:
Field Testing Services: $2,540.00
Laboratory Testing Services: $880.00
Office Services:
Total Cost for Post Grading: $�,7go.00
$5,980.00
��/r_ CONVERSE CONSULTANTS
1`� 10391 Corporate Drive
Redlands,CA 92374
Telephone 909f796-0544
Fax 909/796-7675
Project Name: Paim Desert Aquatic Center Pa e 3 of 3
City of Paim Desert,California Project#: 10-81-298
Date: 10l08/10
MATERIALS TESTING AND INSPECTION:
FIELD TESTING SERVICES
Task Unit No.of Unit Unit Rate Cost
Sample pick-up $ $
hour 20 $50.00 $1,000.00
Ins ect reinforcin steel lacement rior to concrete our hour 24 $70.00
Observe concrete lacement,veri ualit of fresh concrete and fabricate c linders hour $1,680.00
Structural steel and weldin ins ection field 60 $70.00 $4,200.00
hour 80 $70.00 $5,600.00
Field erection ins ection of structural steel hour 60 $70.00 $4,200.00
Shotcrete ins ection hour 40 $70.00
Mason ins ection $2,800.00
hour 60 $70.00 $4,200.00
Non-destructive testing of welds hour 16 $70.00
High-strength bolting $1,120.00
hour 16 $70.00 $1,120.00
Epoxy and expansion anchors hour 24
Torque and pull testing $70.00 $1,680.00
Roofing inspection hour 24 $70.00 $1,680.00
hour 24 $80.00 $1,920.00
Water roofin ins ection hour 24 $80.00 $1,920.00
u oa:
,
LABORATORY TESTING SERVICES
Task Unit No.of Unit Unit Rate Cost
3 $
Com ression stren th of concrete, rout,mortar c linder 60 $23.00 $1,380.00
Compression stren th of shotcrete core 10 $65.00
Com ression test of routed rism 8"x 8"x 16" $650.00
sam le 110 $23.00 $2,530.00
Rebar bend and tensile less than size#11 test 4
High strength bolts $95.00 $380.00
set 2 $250.00 $500.00
Subtotal:
$5,440.00
OFFICE SERVICES
Task/Staff Unit No.of Unit Unit Rate Cost
Office su ort $ a
hour 10 $50.00 $500.00
Reviewconcrete mix design lum sum 2 $150.00
Pro�ect mana er $300.00
Prepare Pro'ect Close-Out Report hour 10 $90.00 $900.00
lump sum 1 $1,200.00 $1,200.00
Subtotal:
$2,900.00
COST ESTIMATE SUMMARY FOR MATERIALS TESTING AND INSPECTiON:
Field Testing Services:
Laboratory Testing Services: $33,120.00
Office Services: $5,440.00
Total Cost for Materials Testing and Inspection: $2,900.00
$41,460.00
TOTAL PROJECT COST SUMMARY:
Total Cost for Grading: $7,160.00
Total Cost for Post Grading: $5,180.00
Total Cost for Materials Testing&Inspection: $41,460.00
Total Project Cost: $53,800.00
CONVERSE CONSULTANTS
Prevailing Wage Schedule of Fees
Personnel
Introduction
It is the objective of Converse Consultants to provide its clients with quality professional and technicai services and a continuing source of
professional advice and opinic�ns. Services wili be performed in a manner consistent with that level of care and skill ordinarily exercised by
members of the profession currently practicing in the same iocality under similar conditions.This fee schedule Is valid through June 30,2011.
Houriy Charges for Personnel
Staff assignments will depend on personnel avaiiability,job complexity,project site lacation and experience level required to satisfy the technical
requirements of the project and to meet the prevailing standard of professional care.
Fietd Technicai Services
Construction inspector—ACUICBO and/or AWS/CW I certified(cancrete,post-tension.masonry,structural steel.
fireproofing,inciudes concrete batch pianl and local steel fabrication inspections) $7p
DSA Masonry Inspector $�
Non-Destructive Testing ir7spector(uitrast�nic,maynetic partide,dye perietrant.skidmore,pull tes9ing,torque festing.
Schmidt hammer,and pachometer) 85
Soils Technician lsoil,base,asphait cancrete,and moisture emission testing) 70
Sarnpie Pick-up 50
Professional Services(Field and Office)
Staff Professional �8p
Senior Staff Professionai ��
Project Professional 105
Projec.t Manaqer qp
Senior Professional 135
Principal Professional 16��
Laboratory Testing
Laboratory Technician �65
(Unii prices. for routine tesis quoted upor7 request; see Geotechnicai Labaratory Testing and ti�aterials Trsting Services
Schedules of Fees)
Office Support
ClericailWord Processing $50
Draftiny 65
CAD QperatorJDrafting Mana�er ��
Overtime and special shift rates for Field Technical Services personnel are determined in acxordance with Prevailiny VVaye law.Travei time tc and
from the job site will be charged at the hourly rates tor the appropriate personnel.
Expenses
1 Expiaration expenses(drilling,trenching,etc.)are charyed at cost pius fifteen percent.
2 Travei and subsistence expenses�transportation,room and board.etc.)for indivicivals on pro�ects requirmg travel anci!or liviny away
from a principal office are charged at cost plus tifteen percerit.
3. Automobile and tr�ick expPnses are charged at eost plus fifteen K�ercent(rentals)or at a rate of fifty-five c;ents per n�iiie for cc�mKzany-
owned vehicles traveling between principal affice and project.
4. Other out-of-pockei direct project expenses(aeria�photos.long-distance teiepf7one calis,permits,bont9s,autside printing services.tests.
eYc.}are charged at cc�,t plus fifteen percerit.
IIlVO1C@S
1. Invoices will be sutamitted to the Client on a monthly basis,and a tinai bill will be submitted upon completion of services.
2, Payrnent is due upon presentation of invoice and is past-due thirfy days frarrr irivoice date. In the event Ciient fails to make any payment
to Converse when diie.C.onverse may immediaiely cease work hereunder untii said payment,together with a servire charge at the rate
of eighfeen percent per annum (but not exceediny ihe maximum allowed by law}from the due date, has been received. Further.
Converse rnay at its sole optior��nd discretion refuse to perform�ny further work irrespective of payment from Client in the event Client
fails to pay Converse for services when said paymenTs are due.
3, Chent shall pay attomeys fees or other costs incurred in collecting any delinquent amount.
Generai Conditions
7he terms and provisions Uf the Canverse Generai Ct�nditions are incor�orated in(o this fee schedule as thouc�h set torth in full. If a copy of the
General Condrtions does not acc�mpany this fee sctiedule,Client should request a copy from this offic;e.
Cc�nverse C;onsultants PW201Q
CONVERSE CONSULTANTS
' Schedule of Fees
Geotechnical Laboratory Testing
Cumpensation for laboratory testing services will be made in accordance with this fee scheduie. Costs of tests not on this schedule will be
by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharye will he
charged for handiing contaminated material,which will be determined based an the project.
IDENTIFICATfON AND INDEX PROPERTOES TESTS CONSOLIDATION AND SWELL COLLAPSE TESTS
Visual Classification,ASTM D2488.....................................8.60 8 Load Increments..................................,....................... 180.U0
Engineering Classificatian, ASTM D2487.........................1.5.00 Additional load increment.................................................30.00
Moisture Content Time-Ratia, per load increrneni........................................60.00
• Moisture Content& Dry(Bulk)Density, Single Point(collapse test)...............................................60.00
ASTM D2216& D2937.............................................15.00 Single Load Swell,ASTM D4546
• Moisture Content,ASTM D2216................................10.00 ■ Ring Sample, Field Moisture .....................................65.U0
Shrinkage Limit,ASTM D427............................................85,U� • Ring Sample,Air Dried..,............................... ...........65.00
Atterberg Limits,ASTM D431$ Remolded Sample, per sper,imen.....................................45.�0
■ Several points............................................................$0.00 Expansion Index Test, UBC 29-2/ASTM D4$29...... .,.... .8p.00
■ One point..............................................................._..40.00
Particle 5ize Analysis,ASTM D422 HYDRAULIC CONDUGTIVITY TESTS
■ Fine Sieve(From+#200 to#4)..................................80.OQ Constant Head,ASTM D2434 ......,......... .. ..250.00
.
� . . .............
oarse ieve rom +#200 to 3 in)............................�3p.00 Falling Head Flexible Wal�,ASTM D5084... . ...._ . .. .. ..3U0.00
• Hydrometer.......... .....................................................85.00 Triaxial Permeabiliiy, EPA�100 ......................_.............350.00
Percent Passing#200 Sieve, ASTM D1140 ..............._ ...45.00 Remalded Specimen, per specimen... . . ....................... .50.(�0
Specific Gravity
• Fine(passing#4 sieve), l�STM U854 .... ...................70,00 CHEMICAL TESTS
• Coarse(retained on#4 sieve), ASTM C127..............70.00 Corrosivity(pH, resistivity,sulfates, chloric:ies)..,......,..... 150.00
Sand Equivalent Test........................................................75.00 Organic Content, ASTM D2974.. ..._.......................... .....65.OQ
Doubie Hydrometer Dispersian, ASTM D4221................150.00
Gonditions: Unit rates presentetl on this tee schedule�re fc�r roulinely performed
CQMPAGTION AND BEARING STRENCiTH geotechnic;a�laboratory tests. Numerous other earth materia�physica�tests can be
Standard Proctor Compaction,ASTM D698 or ASTM D 1557-J1 �erfarmed in our geetechnical iabaratories.including rock core.suil r,ement and:.oil
lime mixtwe tests. Tests not listed can be quoted upan request 7his fee schedule i�
• Method A or B..............._.........................�..,.,..........11 U.UO �ai�d inro�gn��ne so zo��
� Method C(fi-inch mold)........................................_.120.00
California lmpact Meihod(Caltrans 216). , �pp pp �'��c.ES a�E n�sed o�cne asSumPuon cnai sa�r,�ie���e��,�o�,car„�r,a�ed a�,d do�oi
""�'"' """""' contain heavy metals. acids. carcinogens andlor volatile or�anics whir,h can bf�
F7-Vd�U2,ASTM D2844 ................................................ 240.00 measured by an organic vapor analyzer or pholoionization detector with a
Californl�BP,Bring Ratio{CBR),ASTM D1$8� cancentrationgreaterthan50parts-per-miflion(ppm), G�uotedtestingfeesareb�sed
■ 1 point................................................................... 125.Q0 on the assuniption ihat n�protective clothing will be required to handle sample�, If
.
■ 3 point................ ��5��� Level D prolective ciothing will be reyuired during handling oi samples{as de5ned in
� � �� �"'"""'°""""""""'"""" - ihe Federal CFR Part 1g1�.1201 then a 40"4 increase in tees presented in thls
FtE�l�tiVe �@flSity schedule wili be applied- Level C protective ciothing will be a 60°r�increase In teF��
• 0.1 cubic fooi mald........................................ ..........200.00 Converse�+�iil not handle,ample;ihai requYre either Level B or Level A proter.tion m
• 0.5 cubic foot mold.......... ........ .....3Q0.0� our peotechnical laboratones Ccntaminated samF,les wil!be returned to the dient
� ��� � Uncor,taminated samples wi0 be disposed of ?(1 days af[er presentalion of te;t
resuliss The client must disciase the source of samples. Samptes imported(rorn uut
SHEAR STRENGTH of state wli be incinerated after iesting. in accordance wl�h reqwrements oi the
TarvanelPocket Penetrameter................................. 20.00 Unifed States Uepartment oi Agricultwe Soil samGies otrtained wilhin lhe State ai
Direct Shear(per point) ��� cai�torr���, currently designated qu2rantine area�: wiil al,o be incinerated m
� • accordance with the requirement of ihe State of C2flfomla�epartment of Food er7d
C1Rnck 7est.......................... .................................... .f0 00 Agnculture,t7lvision oi Plant Industry.Pesi Exclusion A.3�5 00 incineration fee wiU be
• Consolida#ed-Drained(granular soil) added t+�each sample ifiat Is required to be incinerated in accordance with State arrd
ASTM D3080................ ....140.(.)0 Federa��aw.
.....................................
• Consolidated-Drained(fine yrained sc�il), Tcst resut��requiring plvU will be presenled ir�a publishable iormat gEnFrated frorn
ASTM D3080............................. ............................200.00 computer prog!ams Otherw�=.e.raw lest number<will be prE�eMed A mmimun�
• Consolidated- Undrained(fine grained)..................120.00 iat�oraio�y ree or g,a oo w;u be cnar9ea io p�esent and ma�i�esi res�,t�s. seyond ir,E
• Residual 5trength, per Cycle..... ........................ ......45.00 sland2rd U S Maii deiivery.;per,i<,lized transmittal will be ch2rged 2t 2dditiori:�l cost
je.g.. Federai Expres,. UPS etc) C�eoter.hnical testing does not mdudr
• Remolded Specirnens, per specimen............... 45.00 engineeriny and;or geologic review anti analysis Typical turn-around foi
geotechmc�l lahoratory tesiinc� ls two weEks (or roughly ten workirig d2ys) �io
STATIC UNIAXIA�.. AND T�IAXIAL S7R:ENGT� TESTS EhPedite test turn-around io tive working days a Fo'-;,�ncrease in tne fees in irus.
(PER POINT) schedule w�ill be applied Many geoter,hriical tesis require at Iaast one weel< tr�
perform in acc.ordance with the AS�iM or other standard specifiic2tions. Fees
Uf1Cc)tlflfled�OtT1pfP.SS10f1,AS7�M 21�i6.............................75.a0 prese;r��ied in ihis schedule ic�r relativety undlsiurbEd dire!�t shear,consolldation or
ex ansion �ressure teet��re bas��etl amp��as�u�����o�r��ded�to�ihe�ge tec�����
Jncc�nsolidated- Undrained,ASTM D28E�(�.................... 11o�OtJ P' �' �
(:Qf1SO�i(�c�1P,d- ��IdCc�If1eC1(��G'f pplllt� ����� �nch inside diameier) bras� riri hnic�al
""'�� ��� � �� ��� • laharatory for ieshng. Remolded�pecimens will be compactF�d in siandard'2 5-inch
ConsolidatPd- Drainrd(per point).................................7O0.0O nutside cfiameter biass rinys fer direct shcar.con,olidation and expansion pressure
W ith Fore Pressure Nleasuremeni. per ic�aci...................�I.50.00 �ests ,an rees Presented�r,�n�s s�neduie��e�ased on ir�e as;�,r„�iior,tn���ne ci���,t
f�BillO�dP,t� '�a�)BCIfTI@f1S, per specimen...............................�15.00 w�l�deliver vamples to our labc�raiory at no addii�onal cosi to Coriverse.
Invoices wIU t�e i•��sued n��crnthly and are p3��able on receipt uriless otherwise agreFd
upon. interesi of 1.5"i�per month(�iut not exceediny the max�mum allowed by i�w)
wfll bF payable on any amaimt not paid within ihirtV days payment ihereafier to be
applied First to accr��ed intere<.t and ihen io the princfple unpaid amo�mi The Clienl
shal( �ay any aftomeys'tees or uther costs incurred in c�ollectin�any delinquent
amoums
Comerse Consuitants GLT2010
. CONVERSE CONSULTANTS
Schedule of Fees
Materials Testing Services
Carnpensation for laboratory testing services will be based an rates in accordance with this schedule. Costs of te$ts not on this scheduie wili he by
quate and/or in accordance with our current hourlyfiee schedule. Our services will be perfarmed in accordance with ihe General Canditions. This fee
schedule is valid through June 30,2011.
AC7GREGATES Compression Test
Moisture Content(ASTM 02216)......................_.... ... .,. ... ....$10.00 ■ 2"x 4"Mortar Cylinder,each__.......... .............
Particie Size Analysis - � - 1�i��p
� 3, x 6"Grout Prisms,each..................... .. . .... ....... .. .. ....23.U0
■ Coarse(ASTM C136),eacf�................... .... ......................60.00 • 2"Cubes(ASTM C109),each...__................... ...23.00
Coarse and fine(ASTM C136& 137j,each..._........... . """
� 140.00 Cast by others. ....................................... ......... .........................23.00
• Specific Gravity&Absorption Mortar or Grout Mix Designs............_.,. . ...._... .By Quote
• oarse Aggregate(ASTM C127)......... ...._..... .... ........80.00
• Fine Aggregate(ASTM C128)......................._.......... .......80.00 FIREPROOFING TESTS
• Unit weight per cubic foot(ASTM C29)......................_.... 50.00 OvEn D Densit I er sam le 50.00
rY Y P p )_. .......... ...... .. ._.. .......... ....
• Soundness-Sodium or Magnesium(ASTM C88j,each_..200.00
• Potentiai Alkali Reactivity(ASTM D289) . ..... ...... ....... 300.00 MOISTURE EMISSION TEST
• Freeze Thaw Soundness.......................... .. ..... 175.00 Moisture Emission Test Kit................. .... ... ..,...35.00
..
Los Angeles Abrasion,per class(ASTM C131, C535)...210.00
• Sand Equivalent(ASTM D2419}._.._..._.... .. _ ... ___ 7Q00 ASPHALTIC CUNCRETE
_...
• Lighiweight Particies(ASTM C123),each..... ....._..._.,,. 75.00 Stability, Flow,and Unit Weight,ASTM D5�)27...... ._. ..... 15Q00
Ciay Lumps and Friable Particies(ASTM C142),each_. 100.00 Marshall ASTM D1559,ASTM D2726...................... ........... .
• 150.00
• Stripping iest(ASTM D1664),each.., __... ..._. _.. ....,. ._ 65.00 Measured Maximum Specific Gravity of Mix(ASTM D2041 j
� Organic impurities(A5TM C40) .... ..... ..... ....... _G0.00 (Ricos Method),each..............._....._ __. .... 75.U0
_....
_....... .. ...
• urability. ... __. .. .... .. ........ .. By Quote Void Analysis of Cores or Marshali Specimens
Calculations Only(ASTM D3203)sei of Z or 3.. _._. .. . 35.00
CONCRETE TESTS Laboratory Mixing of Asphalt&Conc,rete,per sampie... _._._ 50.00
Laboratory Trial Batch(ASTM C192i... ......... .............. ..ESy Quc7te G�mplete Asphalt Concrete Mix Design
�aboratory Mix Design,historicai daia ...... . ... By Quote (Hveem or Marshaii) By Quote
Compression"Test,6'x 12' cylinder(ASTM C�9) each. . ... . 23.00 Extrar,tion of Asphalt and Gradation(ASTM D2172,Method E3)
L.ight Weiyht Concrete Or California 310, inciuding ash correction,each ...... . 15U.00
• Compression...... ..... .... .. .. .... ...___ ... . _. ........ 23A0 Extraction af Rubberized Asphalt and Gradation,ear,h. ...__. 170.00
� Unit Weighi... ....__. ....... ...... .... ...................._ ..........._._23.00 Specific Gravity(ASTM D2726 or AS1M D1188)
Specimen preparation,trimming or coring,each.... ....... ..... ...45.OU � uncoated........... . _.... . .85.00
_.. .._
Bond Strength(ASTM C321) • coated. ...._.. 95.UC1
. _. .
• repared by Converse...... . .. _... . .... _.... 120.0� hrimersion-Compression _.. . 4Ql).00
_..... ....._ ..
_ _
� repared by Others... . ..................... .... .... ........._..... ...60.U0 Particle coeting(ASTM 2489)............._....... 45 00
_......__. ....
Core Compression Test(FlSTM C12),each.._, ,. q5.p0 Stripping(ASTM Q1664�... .......... .. ...... .. �,p,pp
Flexure test,6"x 6"beams(ASTM C78),each.. ..60 OU Moisture or Valatile Distiliates in paving rnixtur�s
Modulus of Elasticity-Static(ASTM C4691,each 11(7.00 ar materi�is r,ontaining petroleum products or
Length Ghange{3 bars, 5 reaclings each, bYProducis........ .... _.. 120 00
u to 26 cia s}I;ASTM C157 � �
P Y ) ..� •... .. .. _ _250.00 Retained 5trenytPi(ASTM D10�4/D1075)
Splitliny Tensile,6"x 12"cy6nders,each_.. ...... . .... .50AU 6 s ecimens. . _. . By(�uote
p
ieid Concrete Control(sampiing slump,temperature, Retained Stability,Mil,Std,52pA,Method 1(�4
cas14 cylmders, rnolds,cylinder pick-up,within Ei speclmens.. ........... . By C}uote
mi,ot office,starrd-by exiraj CBR,ASTM D1883, including M/D curve, 1 poinl....._ _ _ .. _210.00
ASTM/UBC,hourly rate schedule,or each Cylind�r ...,_. 70.00 Asptialt Temperature ..... ........._............_.... . .... ......... . ....... .15.00
Field Coricrete Control;same as above plus
air content test}ASTM/UBC, hourly raie STRUCTURAL STEEL
schedule,or eac:h Cylinder..... .... . . £50.00 Tensile Test.#11 Bar or Smailer,each.. .....
... . 45.00
old Cylinrier.. ...... . ._.. . . .. .. . ..... ......_ 7.00 Bend Test,#19 Bar or SmaliPr,each _ 40.00
_.... . .,... .
'ylinderr MMold sent to�ob sit�but not r.asted by Gnnverse or reiumed Tensile Test,#14 Bar,each.................. ..... ... 115.00
to onverse _.... .. . ......._. . ...._._ ......._.. .. . ..._ .._............. .... 5.00 Tensiie Test,#18 Bar,each .. ...._._.... . _....31t?.p0
_.............. . ......
Rebar caupler tensile test......,. ... ��5 p�i
_.... ........ ......
ASONRY(ASTM C140, E447, UBC STANDARD 2d-12) Tensile Test,Wetded#11 Bar or Smalier,Earh .50.U0
Muisture Content,as received,each. ......__.. ....... .... ........ .2D.p4 Terisile Test,Welded#14 Bar,each......._,... _ ...... ..... . ....._ 110.00
Absorp#ion, each .. .. . ....... _....,..5G.00 Tensile Tesi,Welded#18 Bar,each.._........... ........ ... 3U0.00
............................._..........
C��rnpression,each..... 40.00 Tensile Test Mechanically Spliced Bar.#11 Bar crr Smailer,
_.. . .. . .... ,
Shnnkage(J�S�TM C42�) each. . 90.00 each. .. 15i)0
� 0. .. .. ._..... .
Nei Area r�nd Valurne, each.,.. . 2fi.0p Tensile Test, Mechanically Spliced Bar.#14 Bar,eact�
_._.... _...:,10.00
Masc�nry Blocks, per set of 9......._....... ...., 650.00
Masonry Core Compression,each........ _.. .. .... ......_...... .. ...45.00 HICGH STRENGTN BQLT, NUT,AND WASHER TESTING
Masonry Care Shear, each.............................. ....... . ...._ _ ._. 50.OU Wedge Tensile Tes1 for A490 Bolts
Masonry Core 7rimmin�,e�ch....._... ............ ..,4,5..OD Under 100,QQ0 Ibs,each.... ..........,............ 4�i.00
.
__......
,ompressian Test,yrouted prisms, t�ver 1U0,000 Ibs,each....... ...... ......... . .... ..... ........ 55.00
II' x 8'x 1fi" each. .. . ...... __.
- .. . ...... ..... _.... .... 114.00 Wedge 7ensile Test for R325 Bolts
Compressirm Test,grouted prism , Under 1UO,OOQ Ibs,each.. . ................ . . .. .....__._. _ ,50.00
1� x 16'x 16" each.... ..... _._...... .. ... 140.00
Converse Consultants MTS 2C�10
Page 1 of�(See Reverse}
HIGH STRF_NG7H BOLT,NUT,AND WASHER TESTING,continu�d
Tensile Test—Anchor Bolts,tested with displacernent
transducers,each........................... 300.00
..................... ............ .
Nut-Hardness, Proof,and Cone Proof Load Test,each... ... 50 00
Washer-Harciness, each............ ..... __.... . .. 30.00 -
.......... .... _..
A325 or A490—Bolt hardness only,each................ ................35.Od
Bolt A325 or A490
Wedge Tensile Under 100,000 Ibs,and Hardness, �ach. ..80.00
Wedge Tensile Over 100,000 Ibs,and Hardness,each.... 1QO.U0
Bolt, Nut,and Washer-All Tests per set with bolts
Under100,000 Ibs........... ... ................... ............_......._...250.00
Over 1Q0,000Ibs....................__.... 350.O�J
............................. .
NOTES:
(1 j See Geotechnical Laboratory Testing Schedule of Fees for soil
testing.
�2) Hourly rates are available upon reyuest.
(3) Field laboratory rates are available upon request.
(4) Listed unit rates are based upan the assumption that samples
wiil be delivered to our laboratory at no cost to Converse.
Converse Consultanis MTS'�+fJ16 �
Page 2 ct 2
CONVERSE CONSULTANTS
General Conditions --
Right of Entry accornplishetl m an absolute sense. It is recognized that a satisfactorily designed,
consiructetl and maintained monitonng system may assist in the eariy detection of
environmental changes allowing for early correction of problems Unless it is specifically
Clien(warrants to C:onverse that it has full legal right to authorize Converse's eMry upon the real included in the scope of services to be performed by Converse.Client understands that
property where Converse's services are to be performed{"Site"tNereini and upan all properry.if Converse shall not perform such monitnring.
any.required for ingress and egress fo the Site
The services to be pruvltled by Converse pursuani to the agreement to which these
Glient authorizes Converse to enter upon the Site antl such adjoming property as i�necessary General Conditians are a part shall be provided in accordance with generally accepted
to ailow Converse to periorm iis servYces professionai engineering,environmental,antl geologic practice in the area where these
Converse will take reasonable precautions to minimize any tlamaye to the Site;however,Clieni acknowledrest�tt at thedered and at the time ihat seruices are rendered Client
acknowiedges that during the normal course of the performance of C;onverse's services,some professiongdoes not include,sand Cton e E tloeshnoi etend to Clent�,a guaranteetof
damage to the Site may accur The correctian of any damage to the Site (surface or perfedion of the work contemplatetl hereby:furiher,ihat even in the exercise of normal
subterranean)shail be ihe obligation of the Gient ancl reasonable care errors or omissions may from time to time occuc Except as
Information Suppfied by Client exprEssly set forth in these General Conditions.no other warranty.express or implied,is
extended by Converse.
Client warrants ihe accuracy oi any information suppiied by it to Corrverse,acknowiedges that Converse shali have no tluty to supervise,coordinate or otherwise be involved in the
Converse witl not verrfy the accuracy o(such information,and agrees fhai Converse is entitled to pertormance of services or work by any third party consultant, r,ontractor or
rely upon any such information subcontractor.
Ciient shall immediately notify Converse in writing�f any data,information or knowledge in the lNhere Converse's services involue fielr�observation of grading filiiny and compaction
possession of or known to Ciieni relating to conditions ex,isting at the Site and shall provide lor any of themj it is agreed
Converse with the location, size and depth of any and all underground tarrks. pipiny or
struc;iures existing upon the Site a That Canverse shail in no way be re,sponsible ior tfie manner in which such
Client shall defend.mdemnity and save harmless Converse.its oNicers;ayents ar�d employees W�rk is perfo�med by any third party
from and against any and aU claims,c;osts.suits and damaqes,including attomeys'fees,arising t� That in the event Conver.sE is to provitle periodic oGservaliun, Clierit
out of errars omissions a�d inaccuracies in docurnents and infarmation provided to Converse acknuwledges that Converse cannot be responsible fo�any work perfonned at
by Client a fi+ne or time;when Converse was not performing its observatian services
Ownership of Data and Documents;Samples Converse wfll nof provide an opinion conceming the performance of any fhird
�aiiy,sav�and except to the extent that said work was in fact obseNed and
Hil reports,boring logs fieid daia.field nntes.I�t�ratory test dafa,calculati�ns.estimafes antl tested Dy Cor�verse tlunng the cc�urse of construction
�ther documents prepared by Converse shall remain the sole prc,perty of Converse c That where C;onverse's servYces include continuous observation,Client agrees
C6ent shali have the ri�M to the use of all data.recommendalions,pro osais re nrts,des n not to allow grading filiing or compaction to be performed at any time or times
cnteria and similar mtom�ia6on provfded tc� il try Converse ("infomi�fion° herelpj; provid d, amount and xteni of su�ch�gradiny r��s�e�tand c4�mpaet�ion le�lhaf wi�iict tcanibe
however,tl�ai the infannation shall not be used or relietl u�on by any party other than Clierrt. properiy�ibserved hy Cnnverse pErsormel Exesent on thE Site
s�ve antl except as may be required by the design and licensing requirements of the project for
which the information is provided,further.such usE shall be limited te thE particular site and d Thai iri the eveiii Converse is to contluct test borings for Ciient, Client
projeci (or which thE infennation is provitled To the extent Glient ut+lizes t:onverse's acknewle�ges that the�ccuracy of said test borings relates only to the specific
mformation by pruviding or making the same available to any third p��rty�a)Glient aqrees ta give location in which ttie bonng itself was perfarmed antl tt�at the nafwe of many
wriflen notice to any such third paRy that it may not utilize or rely on any as�c1 of Converse's sites is such tYia!drffering subsurface soii characteristics can be experlcnced
m(ormdtion and jb)Client�grees to dEfend,ir7demnrfy antl hald Converse harm�ess against any within a smafl distanr,e As such Client acknowledges ihat greater accurary is
and all claims,demands,costs.losses damages and expenses,including attorneys fees,that ot,tained whFn the numher oi test harings is increasep
may be asser(ed agaii�.5i or sc,uqM from Converse by any such third party_
CIieN's right to the use af the infarmation is express(y condiiioned upon Ciient's prompt payment rechnicai Limitations
to Converse of all sums due under ihe ClienUConverse agreement In the event of CIiEnYs Client acknowledyEs and agrees that:�1j it is unreasonable to expect Gonverse to be
non{�ayment nr partial payment ot said amounts,Client agrees that it shall not use any ot th�e abie to c�mpletely evaluate subsurface conditions.even atter thE most c:nmprehensive
mionnation for any �iurpose whatsoever and shall return the same to Gonver,e w�ithin 2 exploralory program:(2)site conditions chai�qe frequently due to the passage of time
business days��pen demand human activities,and climatic conditions and uncertainties�re therefore inherent in the
nature of CorivErse's services and impossible t� nvoid; (3j the ideiiti(icatiori ot
t,;aiwerse will retain �0 samples oi soii. rock �r otiier m�teriais abta(ned In �he caur�e �at geotechnical antl environmentat conri�tlons arjd the predictian oi tuture or conceaied
performirrg its services tor a period�f thirty(3G1 days There�fler,further staraye or transfer a1 contlitions is an rnexact scientific endeavor,(4j the state of the art of geotechnical and
samples t� C:6ent may be made at ClienPs ex�,ense upor� wriflen requesi tmrn CliEni tv enuirc�nmental prectics is such that Converse cannot guarantee that its
Canve�e received by Cc�nverse pric�r to tl7e expiration of the 30-day period rebmmendaiipns will prove adequate on this project and the Client assumes the risk ol
any such failure except as oiherwise provided ir�these General Conditions and that 151
Converse shaU retain permanent records relaiin�to ttre Converse seruicEs ior�F�riod of five%5j these General Coi�ditie�ns contains s�ecific Ll�vllTA710NS OF UABIUTY
years foliowing submittal ef Converse"s repori, tluring wtiich peria�i the records will be matie
�vailabl�io Client upon reasonable natice given by G�ient antl upcm payrrmrft ta Converse at ar� Indemnifiy of C�ient and Limitation of Liabiiity
amount sufficisnf to reimburse Converse for its neCessary and reasrnl�ble expenses in�nakirrg
safd recorcis available. Converse sh�ll indenmify Glieni, its offic,�:rs.tllrectors, agents or empioyees from any
Standard of Care and Professional Responsibility claim tlemantl or iiabiliry ansing from persona!in)ury ar property�os�ar d�mage c;�used
by fhe sole ne�iigence or v�illful misconduct oi C;onverse
Glient acknowledges that ihe serv�ces to be performed by Gonvers�involve�the use of tests. Anything to fhe contrary in ihe agreemFi7t ta which these General ContliYions are
c,�Icuiatioris. analyses end �,rat;etlures which are in � constant state of developrnent, att�chetl or in these General Condrtions nolwilhstantling, Converse's liability shall bF�
imprc�vemeni and refinement and ihat as suc:h, imprav�ments changes i� melhads antl limited to the lesser of the fees ch�rged to Glient t�y Converse far the services perionned
modifications of prucedures have been made in ihe past. �re riow being rnade, and are f�r Ctient, or the sum of fifty thousand dollar�. Ciien(may,at its option, increase the
expeciecl to continue(c�t,a matle in the(uture- maxirnum an�ount fc,r wiaich Converse shali�ie iiable by payment of an additional fee
For the maximum liabiliiy suni oI one tu.indrezi thousand dollars,the atldition�l amount to
Furlher.Cllent reca3nizes lhat whife necessary for investigations,comrnonfy used expioration t�2 paid shall be faur percenl of the iotal Conv�rse fee charge� hereunder, (i�r ihe
meihotls.such as drilling bcxings nr excavaling irenches,inv�Ive an Inhereni risk For example. maximum GabiPity sum af one mi0ion doliars,the atlditional em�Gint to be paid shall be
exploraiion �in a site containing cantaminated materials may re�uli in iriducing cross- five percent of the total C;onverse fees ch�ryed hereuntler Client acknowledges antl
contamina1ion,thP�«vention�f which may not be complete usin�presently recc�nizttl sealin� agrees thal its rpcovery.it a�y,shal)be satis6e�,in the first insiance,from the procee�s
n�ethods of Converse's insurance.antl irF the exteni��any detici�ncy in 1he avaifable insurance
Glier�it recognizes that the state of practice,incfuding but noi lin�ite�d ta ihe pr�ctfce reiafiny tc Proceeds,ihen and only then by C;onverse
contaminatic�n w hazardous waste contlitions, is changing and �volving and tha1 stanclarcJs Client ackn��wletlges that Canver�� has agreetl to charge Client a i��qucetl fee f�r
existing 2�t the preseni time may subsequently ctianye as knowledge increases and the state a1 seroir,e,s h7 exchange for ihe ahove limitatiori oi liabltity�nd thai s�itl reciuclion in fees is
tlie practic�continues 1c7 improve, consitleration fnr��itl Iimitalic�n
ChEnt recc�gnaes th�f prajects containing contaminated materiais may not pertonn as �lieni shall delend and save harmiess Cunverse, it� c�tflcer� tlirecbra agenis and
antiz:ipated by riieni even ihouyh Canverse's services are perlormed in accordance with the employees fro�ri ail liabiliiy cl�ims and demancis, inr,luding exF?enses of suit and
level oi c��re and skill required �f ii F��riher, certain gavernmental regulations reiating i� reasonable attomc:ys'fees arisin�from personal iniuries mcludinq dlsease and death,
hazartlous waste sitEs m8y purport i� require achievem�nl oi resuks which cannai be propeRy loss ar dam2ge, ir�jury t�others(nclut�irig personnel oi Ciient ConvFrse c�r
Converse Consuflanis GC99-i
.�
subcontractors perfarming worlc hereunder), and air or grountl pollutlon or environmental empioyees ar former employees ot the parties All legal actions by either party
impairment ansing oui oi or in any manner connectetl wiih or related to the performance of against the other for breach of these General Conditions or tor the failure to perlorm
' Converse's services. except where there is a judicial determination that such injury, loss�r in accordance with the appiicable standartl of care. however framed, that are
damage shall have been caused by the sole negligence or willf�tl misconduct of Converse essentially based upon such breach or lailure shall be barred iwc,�2)years from the
Client acknowledges that Converse has charged Glieni a reduced fee ior seNices tcr be time claimant knew or shoidd have known of iis right to make a daim. but, in any
performed by it in exchangF for this holtl harmless and that the reduction in fees is consideraticm event, not later than tour 14} years from substantial completion of Converse`s
for said hold harmless provision services
Converse wiit not be liable for conseyuential dama,yes of any kind,nature or tlescnpUor� Johske Safety
Hazardous Waste, Pollution and Heaith Hazard Projects ("Hazardous Projects" Converse shalf be responsible for its acfivity and ihat af its employees on the Site
Herein) This shall not be construed to relieve the Ciient, its general coniractor or any
Prior to the commencement of seruices by Converse on ar�y hazardous project, Client `ubr,ontraciw ot ttreir obligation to maintain a safe iobsite.
agrees to advise Converse in writing of any known hazardous waste or materials existing on NEither the professional activities nor the presence of Converse ar its employees antl
or near the 5ite or if any of said services are to b�performed in an area where dust,turnes, subcontractors shall be understootl to control ihe operations of others,rior shall it be
gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere construecl to be an acceptance of the responsibility for jobsite safety.
where it raises a potential or possible health;hazartl or nuisance to anyone working within
ihe area Converse will not direci,supervise or lay out the work of the C;6ent,contractor,or any
subcontraciors Converse's services wdl noi indude a review or evaluation of the
Anything in these General Canditions notwithstanding Client shali indemnify and hold adequacy of the�antractor's safety measures c�n or near the Site.
Converse,its ofticers,tlirectors,agents,servants and employees.harmless irom any clalm,
demand or action brougM by any party whomsoevec Inclutling employees of Converse Schedules
which claim,demand or actinn is based upon injury or damage caused or aileged to have
been caused by hazardous wastes or hazardous materials whether or not such waste or Uniess otherwise specrfietl i�the agreement,Converse shal�be obiigatetl to perform
materiais were known to exist prior to the commencement af seroices. within a reasonable period of time. Converse shall noi be responsible for tlelays ir7
Client ayrees tc� be responsible for the removal and disposal of any hazardous wasie caei e beyond�lhescont oleandloatw th utr the fault orYneg igEnceaof�Con erser
uncovered as a resu(1 ot the site investigation. incbatl���g tlrill c��tiings, unless spedfically including but nof restrictetl io acts ot God or the public enemy, acis af thE
included within the scope of work Gavemmeni of the United States or of the severai states,or any foreign country or
It is ayreed that the discovery of unanticlpated hazardous materials constitutes a changed fi ey floodsnepdeirncs tnotssquaran�tneaestrictior s5 trikehpciv l m urrediorilc freght
contlition mandating an immediate renegctiatinn of ttie scope of services or terminafian oi embargoes.and unusuaily severe waather
services Converse will at all times endeavor to perform in a faithful and trustwarthy
manner Client undersiands that Clieni or Converse may bE�reyuired by for.al and/or state Shc,uld compielion af any portion of the seruices tc be rendered by Conver�e be
and!or fetleral siatute io reporl the discovery ai hazardous malerials to a government delayed beycnd the esfimated tlate oi completion i�r any r��son whlch is beyond the
agency. Client also understands that Converse may be requir�d b4�I�cal andlar state ancil�r control af or without default or negligence of Converse,then and in that event Clienf
federai st�tute to reporl the discovery af hazardous mater+ak lo a gavemment agency and and Gonverse shall mutually ayree on the iErms and r,onditions upon which the
ihat Converse,when practical.will tlo so only aftFr nntifying C;lient fn the event Convers� servicFs m�y be continued or terminated.
discavers hazardous material that we believe poses an immetliate threat to pubiic health
and safety,Converse will use its best judgrnent to notify apK�ropriate emeryericy personnef Invoices
for immediate containment Client agrees to take no action of any kind agairrct Converse
when Convers�makes a good-fafth eKert ta fulfill its obligatiun<, i;orivErse sha0 submii m�nthly progress invoic�w to Client and a fmal bitl shail be
submitte�l upon completion o(th�services. Within thirly(30}days after recefpt of an
invoic� Clieni shaU pay the fuli amount of the invoice If Clieni objects to all or any
ClienYs Responsibilities portian of any invoice,ii shall so riotify Converse of tt�e same within fifleen(15)days
frorn the tlate of rece�pi of said invoice and shall pay that portion of ihe invoice r�ot m
Cli�ni shall immediately provid� Converse with fuli �nformatlon iri writing as to GlienPs dispute and the parlies shall immediately make evF�ry etfort to serile the disputetl
requiremems for the seroices to be urovidetl by Cenverse ai7tl shall designate in wnting Pnrtion of 1h�inaoice
within five(5)tlays of the e8ective tlate nf the as�reement to whirh these General Contlitior�s
are a part,a representaiive to act on ClieiiPs behatf in canjunction with the seivices tc�be ��������t faiis to make payment wlthin thirty(30)tl�sy;;after receipt ot an invoice theri
provitled hereuntler Client shall promplly reviFw atl documents, reports, tlata and Cliant shall pay an additional monthly service,charye of one and ane-half percent
recommendatic�ns submitted by Converse and shall cortrrnunicate with Gonverse conceming ��'�F°'°)Gn ail such amounts outstaoding The adtlitional charqe shall not apply to
such reviews for the ��urpose oi avoiding delay in the Fer(ormanr.e oi the services to be �ny dis�utetl portion of any invoice resolvetl in favor uf Gienl� I�i the eveni(.,hent
ren�ieretl by Corrverse fads to pay any undisputed amaunt to Gonverse wl�en due Converse may
inu7rediately cease wark.unti�said payrnent together with a service charye at the rate
Glient shall n�fify any khirq paily who may perfcirm�n the Siir oi the standard c;f care being Further.�LConverSFnt p�ys p�sifc dEaaption ia tl disc eltion�,arefu e.�toe�erfonr�ani
imtle�taken by Cerrverse pursuani hereic and of tl�c Ifmitations of liability containc�r�herein further work irrespective of payment Irom Ciient P y
Clieni shali require as a contlition to the performance of any such tturd�arty a lik�;intlE,nrr�ily
and limil�tiim ot Iiability cm thFir parf agairt�t t'onverse In the event tt�at ail or an
y porlion of ihe 1,'.!� �seiv�ce chzrge provided ior herein is
Confidentiality deemetl to b�an ir�terest charge,ihen and m thal c�vent saitl interesi charge snali be
liroited to the maximuin amc,unt legally allowed by law.
Converse shall hold all inforrr�ation pravided to it t,y Cbent nnd ihE results of the wc�rk Clieni ackriowledges CtYnuerse.'s fee schedules are revised annuaUy anc9 ayrees that
periormEtl t,y if coniidential and shall not disdos�tlre�same ta any third party except where the iee schedule in Fffer.,t at the firne the service�are performetl shali apply tr�such
required ty°(;�vernrnenlai re�ulatory agcncies or a;otherwi�e requirFtl by Ia3w services.
Disputes insurance
Converse shall have ihe nght to briny a lega!action irr a state or federai r,ourt aqainst G)fent converse represents that ii now c�rries,and will continue ta carry during the lenn of
Cor any sum<due er alleged to be clue to it or for services rendered. Except for this right. the contract to which these General Corrtlitions are a part, Workers Gonipensation
Conuerse and Client agree ihat as en ex�ress conditir�n to 4he right of either party to t�ring a insurance arrtl that, if requested, Cc,nvc��rse shall prov�ds tca Client certificates as
lega�action against tha�ther,they shail fir.;t submit any dis�ute to rnediation t�y a neutral evidence of the aforemention�d insurancF.
person accep(able to both parties
Assignments
Each party shall bear iis own attorrreys fees,casts and�iher ezpens��s Except th<�t ear,h
party shall be responsfble and pay for one-hali oi thF c�sta antl expenses i>f thE mediator. C(ient shall not assign this ccr�iract�r any F�orii�r ihereof io any plher person or
In the event that legal artion is reauired,ihe prevailing parfy sYiali be entitletl to recover al�of entity withnul ihe express writterr consent oi Converse. Nothing containetl in ihis
its costs incurred in conneciion iherewith including.withaut limitaiion,sfati lime,court costs, contract ar any pari thereoi shall be cc�nstruetl to ereate a riyM in any thirtl �aity
attomeys'fees,consultant and experl witness tees and any�ther relaied expenses-ln this Whomsnevec and nothing herein shail inure to ihe benefii oi any ihird party.
regard,m order to make fhe prevaiting parly whole ihe parties acknowledge and agree that
ihe prevailing party shall be entitletl to recover�II of its r,qsts inci�irred in ccmnection with the Severability �
legai action and shall not be limitetl to�reas�nable atlomeys fees'�as tlF�fined in any statute
!7r nile of court If any prnvision of thesE Generai Gpnditions is fir�ally determined to be ccrnirary to.
prohibitetl by, or invalid under applicabie laws or regulations,such provision will be
"fhe obtiy�tions,responsibilities,warranties and liat7ilifies�f ttye parties shail be sc�lely#hose renegotiated so as io give effect to the intent ai the parties to 1he maximum possible
expressly set forth herein Remedies and limitations of liability shalf apply rer�ardless oi extent. Such determination antl rPnegotiation shali rrot aflect ai invaiidate the
whether an action is brougM in cnntract,or is based on�ither party's negligence.or another remaining provisions or these General Cnnditions.
iheory of law All of the rights, remedies, obiigations.tenns, canditinns antl Iimitations of Gouerning Law
liability statc�d herem shall extend coliectively to�nd t�e binding upon Ihe parties'pariners,
joint ventures, licens�rs,successors,assign5,insurers anci afliliates. Client and Converse ThesE Generai Contlitlons shail b�qoverrec�by and cor�sfrued m�der ihe iaws of ihe
ayree that any legal action with respect to the servicEs In be performecl under these Gei�eral State ot Caiifomia
Conditions chall be hrouc�ht aqainct the parties, and nc�i ayainst indivicl�ial officers.
ConverseConsuMants GC9g1 �