CHJ Consultants Inc-2018-33 AMENDMENT NO. 2 TO THE ON-CALL PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF GRAND TERRACE AND CHJ CONSULTANTS, INC.
THIS AMENDMENT ("Amendment No. 2") is made and entered into this 241n day
of July, 2018, by and between the CITY OF GRAND TERRACE ("City"), a Municipal
Corporation, and CHJ CONSULTANTS, INC. ("Consultant"), a California Corporation.
WHEREAS, the City and the Contractor entered into an Agreement for on-call
professional services ("Agreement"), on or about June 2, 2017; and
WHEREAS, Amendment No. 1 was executed on or about June 27, 2017
amending Exhibit A (Scope of Services) and amending Section 4 (Payment for
Services) to change from $10,000 to $40,000; and
WHEREAS, the parties wish to acknowledge the name change of the consultant,
amend Section 2 (Term of Agreement) to extend the term of the agreement to June 30,
2019; and amend Section 4 (Payment for Services); and
NOW THEREFORE, in consideration of the foregoing and for other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
the parties hereto agree to amend the Agreement as follows:
Section 1. Name of the Consultant is hereby amended to read as follows:
NAME OF CONSULTANT. This Agreement ("Agreement") is made as of this 2"d day of
June, 2017 by and between the City of Grand Terrace ("City") and Terracon
Consultants, Inc. ("Consultant").
Section 2. Section 2 of the Agreement is hereby amended to read as follows:
TERM OF AGREEMENT. This Agreement shall be effective and commence on the date
first written above and the Agreement shall remain in effect until June 30, 2019, unless
otherwise terminated pursuant to the provisions herein.
Section 3. Section 4 of the Agreement is hereby amended to read as follows:
PAYMENT FOR SERVICES. Consultant shall perform an additional scope of services
under this Agreement as identified in Exhibit "A" attached hereto and the not to exceed
amount of the Agreement shall increase by FORTY THOUSAND DOLLARS
($40,000.00) to cover the aforementioned additional scope of services. Compensation
is payable in accordance with the terms set forth in Exhibit "B" of the Agreement.
Payment shall be made in accordance with City's usual accounting procedures upon
receipt and approval of an itemized invoice setting forth the services performed.
Section 4. All other terms, provisions, and conditions of the Agreement, and
Amendment No. 1, to the extent not modified by this Amendment No. 2, shall remain in
full force and effect.
IN WITNESS THEREOF, the parties hereto have caused this Amendment
Number 2 to be executed by and through their respective authorized officers, as of the
date first above written.
THE CITY OF GRAND TERRACE,
A Municipal Corporation
By: By: ` !G. ajold DL0ey ,joy artin, Principal
City Manager Geoogist 1 Manager
APPROVED AS TO ORM:
By.
Richard L. Adams II, City Attorney
EXHIBIT A
Irerracon
July 18, 2018
City of Grand Terrace
22795 Barton Rd.
Grand Terrace, CA 92313
Attn: Alan French
C: 909.824.6621
afrench@g ra ndterrace-mgov
Re: Proposal for Geotechnical Observation and Materials Testing
Pavement Rehabilitation Project
Grand Terrace, CA
Terracon Proposal No. PCB181295
Dear Mr. French:
As requested, Terracon Consultants, Inc. (Terracon) is submitting this proposal for the
geotechnical observation and materials testing for the Pavement Rehabilitation Project to be
located at various locations within the city of Grand Terrace, Califomia. The proposal is based
upon the completed contractor bid schedule by Hardy and Harper which includes quantities and
unit prices.
1.0 PROJECT INFORMATION
We understand the project will consist of portland cement concrete improvements, pulverization,
cold milling and overlay using rubberized hot mix asphalt. Up to one week of slung is also
proposed. The project schedule indicates a 6-week time frame. Terraeon's services will be
provided within about a 4-week time frame.
2.0 SCOPE OF SERVICES
2.1 Field and Laboratory Services
Terracon will provide employees appropriately trained and equipped to respond to the materials
testing and observation needs of this project as scheduled by the Client or your designated
representative. Based on our review of the bid schedule and specifications, we understand the
scope of the services includes:
Terracon Consultants.Inc 1355 E. Cooley Dr. Suite C Colton, CA 92324
P 19091824 7311 F 19091 301 6016 lerracon corn
Proposal for Geotechnicat Observation and Material Testing Irerracon
Pavement Rehabilitation Project_. Grand Terrace, California
July 18,2018 u Terracon Proposal No. PCB181295
Earthwork observation and compaction testing
Pulverizing and compaction of existing roadway
Laboratory soil/aggregate testing
- Modified Proctors on pulverized materials
Portland cement concrete field and laboratory testing
- Casting of 4 cylinders and performing slump&air content testing as specked
- Laboratory testing
• Compressive strength of concrete
Hot-mix asphalt RHMA-D testing
- Lay-down testing (temperature and compaction)
Production material sampling (from project site)
Pavement thickness coring
Laboratory testing
• Maximum theoretical specific gravity(once per day)
• Asphalt Binder content by Ignition, and gradation (once per day)
Slurry seal observation and testing
Lay-down observation (temperatures and spread rates)
- Production material sampling (from project site)
Laboratory testing
• Surface wear test by wheel track (twice during the project)
• Emulsion testing (once during the project)
• Gradation and Sand equivalent(once per 500 tons)
Project Management
Attendance at pre-construction and project meetings at Client's request
Supervision of laboratory and field services
Preparation and review of project reports and monthly invoices
If we have misunderstood any aspect of the proposed project, please advise us at once so we
can evaluate the scope of services and make any necessary adjustments. We will confirm your
request by sending you a short supplement form that states the additional services, making them
part of the original agreement.
Proposal for Geotechnical Observation and Material Testing Irerracon
Pavement Rehabilitation Project Grand Terrace, California
July 18,2018 Terracon Proposal No. PCB181295
2.2 Scheduling
Terracon's services will be performed on an as-requested basis with scheduling by the Client or
the client's designated representative. Terracon will not be responsible for scheduling our
services and will not be responsible for tests or observations that are not performed due to failure
to schedule our services on the project. Since our personnel will not be at the site on a resident
basis, it will be imperative that we be advised when work is in progress. Services should be
scheduled a minimum of 24 hours in advance. Scheduling personnel will be on an as-available
basis which may require changes in personnel assigned to the project. For instances of short-
notice requests, personnel may have to be utilized which have a higher rate than those normally
assigned and this higher cost may be passed on to the client.
All requests for services should be submitted to Mr. James Dalgity in the Colton, CA office at the
following phone number: (909) 824-311. Services should not be scheduled through our field
personnel.
We recommend the scope of services described in this proposal be provided to the person(s)
responsible for scheduling our services so they are aware of the services that are proposed.
2.3 CMELMSTm Management System
In order to provide our clients with real-time field and laboratory data management and reporting,
Terracon developed and maintains an automated application that we call CMELMS. The acronym
stands for Construction Materials Engineering Laboratory Management System and is
utilized by construction materials engineering and testing operations in our offices.
CMELMS is a complete and comprehensive field and laboratory testing data and results
management system. Features in the application include accessing and distributing test results
and field observation reports by a push of a button.
CMELMS automates the delivery of our testing and inspection information and can be used
anywhere with an intemet connection or through a wireless device. Data (test results and
inspections)can be entered into the application right from the project site so that project managers
and engineering staff have real-time access to the field data. Final Client Reports are produced
in the same application,which allows us to achieve better communication, more consistency,and
faster turnaround of reports on the project.
Responsive a Resourceful ■ Reliable 3
Proposal for Geotechnical Observation and Material Testing Irerracon
Pavement Rehabilitation Project Grand Terrace, California
July 18, 2018 p Terracon Proposal No. PCB181295
2.4 Report Turnaround Time
Our field technicians will immediately communicate any non-conformances to the site
superintendent and our Project Manager. Terracon will maintain non-conformance logs and lists
for all testing types performed by us. The list will be maintained electronically in our database
and can be updated and e-mailed at any time.
Non-deviation reports will be digitally signed and distributed, within 5 business days of service.
Laboratory test reports will be digitally signed and distributed within 2 business days of the
completion of each test. Our reports will be sent digitally via e-mail.
2.5 Terracon's Incident and Injury-Free Culture
Employee safety is a core value of Terracon and we are committed to an Incident and Injury-Free
(11F)workplace. It is our personal and organizational commitment at all levels of the company to
everyone going home safe to theirfamily every day. All employees are expected to perform their
job assignments with safety as a primary objective. Terracon dedicates the time, resources, and
equipment necessary for an IIF environment and no employee will be required to work in unsafe
conditions.
3.0 COMPENSATION
Based on our review of the referenced documents, our estimated cost to perform the proposed
scope of services is$39,131. A breakdown of our cost is provided in the attached Cost Estimate.
For the purposes of developing this estimate, the quantities were estimated based on typical
means and methods by contractors/subcontractors in this area.
It should be noted the Client would be billed only for the amount of service provided, i.e. Terracon
will not bill for the total budget if the total booked is less than the budget. Please note this is only
a budget estimate and not a not-to-exceed price. Many factors, including those out of our control,
such as weather and the contractor's schedule, implementation of RFI's and/or ASI's, and how
often we are called to the site, will dictate the final fee for our services. Furthermore, all costs
associated with deviations, re-testing and re-inspections of failing items, on-site standby time,
overtime, and short notice premiums are not included in our estimated cost.
Please note that our cost estimate is based upon the requirement to pay prevailing wages for
classified on-site employees and or subcontractors for publicly funded projects in accordance with
Senate Bill 1999 and the Califomia Department of Industrial Relations.
Responsive■ Resourceful r Reliable 4
Proposal for Geotechnical Observation and Material Testing 1rerracon
Pavement Rehabilitation Project Grand Terrace, California
July 18, 2018 Terracon Proposal No. PCB181295
4.0 AUTHORIZATION
This proposal may be accepted by executing the attached Agreement for Services and returning
it along with this proposal to Terracon. We reserve the right to withhold our reports until the signed
Agreement has been received by Terracon. This Agreement, including the limitations it contains,
shall constitute the exclusive terms,conditions and services to be performed for this project. This
proposal is valid only if authorized within sixty days from the listed proposal date.
We appreciate the opportunity to provide this proposal and look forward to working with you on
this project. Please call the undersigned if you have any questions or would like to review this
proposal.
Sincerely,
Terracon Consultants, Inc.
J actin, C.E.G. James Dalgity
D partment Manager Project Manager
Copies to: Addressee (1 pdf)
Attachments: Cost Estimate
Agreement for Services
Responsive ■ Resourceful a Reliable 5
EXHIBIT B
Proposal for Geotechnical Observation and Materials Testing Irerracon
Pavement Rehabilitation Project Grand Terrace, California
July 18, 2018 Terracon Proposal No. PCB181295
COST ESTIMATE
No.of Hgs)_I
Service Type Services service Rate Unit Coss
EARTHWORKOBSERVATION
Field Technician
Granular Base Placement 5 6.00 $115.00 hour $3,450.00
Trip Charge'
Technician 5 $0.00 visit $0.00
Field Equipment
Nuclear Density Gauge 5 6.00 $17.00 day $510,00
Vehicle 5 $48.00 day $240.00
Subtotal= $4.200.00
LABORATORY •
Modified Proctor, rock 5 $215.00 each $1,075.00
Subtotal= $1.075.00
PORTLAND cEmENf CONCRETE
Field Technician
Standard testing(temp, slump, air content, cylinders)
Casting of 1 Set of 4 Cylinders 4 1.25 $110.00 hour $550.00
Trip Charge'
Technician 4 $0.00 visit $0.00
Compressive Strength Sample Pickup 1 $80.00 visit $80.00
Laboratory testing
Compressive Strength of Concrete 16 $25.00 test $400.00
Subtotal= $1,030.00
ASPHALT.TESTING AND OBSERVATION
Field Technician
Measure Temperature and Density, and Obtain 10 6.00 $115.00 hour $6,900.00
Field Samples
Trip Charge'
Technician 10 $0.00 visit $0.00
Laboratory Testing
Maximum Density of RHMA 20 $180.00 each $3,600.00
Responsive Resourceful Reliable
Proposal for Geotechnical Observation and Materials Testing Irerracon
Pavement Rehabilitation Project Grand Terrace,California
July 18,2018 Terracon Proposal No. PC5181295
COST ESTIMATE
No.of Hr(s)./
Service Type Services service Rate Unit Cost
Field Equipment
Nuclear Density Gauge 10 6.00 $17.00 day $1,020.00
Vehicle 10 $48.00 day $480.00
Subtotal= $12,000.00
n!X9J:sJ=147i"4 -
Field Technician
Measure Temperature and Spread Rates, and 4 8.00 $200.00 hour $6,400.00
Obtain Field Samples
Travel and Jab Site
Technician-Travel 2 8.00 $104.00 hour $1,664.00
Technician-Mileage 800 $0.67 mile $536,00
Per Diem 5 $460.00 day $2,300.00
Testing
Wet Track Abrasion 8 $173.00 each $1,384.00
Consistency 8 $86.00 each $688.00
Asphalt Content 8 $173.00 each $1,384.00
Water Content 8 $115.00 each $920.00
Subtotal= $15,276.00
Project Administration
Project Engineer(Management and Coordination. 30 $185.00 hour $5,550.00
Subtotal= $5,550.00
•
ESTIMATED TOTAL= $39,131.00
"The representative's travel time,vehicle, and mileage are combined into a Trip Charge. Multiple
services may be provided during some trips;therefore, the quantity of services estimated may not equal
the quantity of trips estimated.
It should be noted the client is billed only for the amount of service provided, i.e.Terracon will not bill for
the total Cost Estimate if the total booked is less than the estimate. The number of tests,trips, and
hours on-site are primarily controlled by the contractor's schedule. We recommend the contractor
review our estimated number of tests, trips.and duration of on-site time to determine if our estimate is
compatible with their production. The estimated cost can be revised if necessary,
Responsive Resourceful Reliable
1 rerraca
Reference Number PCB181295
AGREEMENT FOR SERVICES
This AGREEMENT is between City of Grand Terrace CA('Client')and Terracon Consultants,Inc.("Consultant')for Services to be provided by Consultant
for Client on the Grand Terrace Pavement Rehabilitation project('Project'),as described in Consultant's Proposal dated 07/18/2018("Proposal'),including
but not limited to the Project Information section, unless the Project is otherwise described in Exhibit A to this Agreement (which section or Exhibit is
incorporated into this Agreement).
9. Scope of Services.The scope of Consultant's services is described in the Proposal, including but not limited to the Scope of Services section
('Services'), unless Services are otherwise described in Exhibit B to this Agreement(which section or exhibit is incorporated into this Agreement)
Portions of the Services may be subcontracted Consultants Services do not include the Investigation or detection of nor do recommendations in
Consultant's reports address the presence or prevention of biological pollutants(e.g., maid, fungi, bacteria, viruses,or their byproducts)or occupant
safety Issues,such as vulnerability to natural disasters,terrorism,or violence. If Services Include purchase of software Client will execute a separate
software license agreement Consultant's findings, opinions and recommendations are based solely upon data and information obtained by and
furnished to Consultant at the time of the Services.
2. Acceptance/ Termination. Client agrees that execution of this Agreement is a material element of the consideration Consultant requires to
execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's
request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement
Additional terms and conditions may be added or changed only by written amendment to[his Agreement signed by both parties In the event Client
uses a purchase order or other farm to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or
conflicting terms it contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party Either
party may terminate this Agreement or the Services upon written notice to the other, In such case,Consultant shall be paid costs Incurred and fees
earned to the date of termination plus reasonable costs of closing the Project.
3. Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests
Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the
requested changes Following Client's review,Client shall provide written acceptance. If Client does not follow these procedures, but instead directs,
authorizes,or permits Consultant to perform changed or additional work.the Services are changed accordingly and Consultant will be paid for this work
according to the fees stated or its current fee schedule. If project conditions change materially from those observed at the site or described to
Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee
4. Compensation and Terms of Payment.Client shall pay compensation for the Services performed at the fees stated in the Proposal, Including
but not limited to the Compensation section, unless fees are otherwise stated in Exhibit C to this Agreement(which section or Exhibit is incorporated
Into this Agreement) If not stated in either,fees will be according to Consultant's current fee schedule Fee schedules are valid for the calendar year in
which they are issued Fees do not include sales tax Client will pay applicable safes tax as required by law Consultant may Invoice Client at least
monthly and payment is due upon receipt of Invoice. Client shall notify Consultant in writing, at the address below,within 15 days of the date of the
Invoice If Client objects to any portion of the charges on the invoice,and shall promptly pay the undisputed portion Client shall pay a finance fee of
1.5%per month,but not exceeding the maximum rate a'.lowed by law,for all unpaid amounts 30 days or older Client agrees to pay all collection-related
costs that Consultant Incurs, Including attorney fees.Consultant may suspend Services for lack of timely payment. It is the responsibility of Client to
determine whether federal,stale,or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply If it is later determined
that prevailing wages apply,and Consultant was not previously notified by Client,Client agrees to pay the prevailing wage from that point forward,as
well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend,Indemnify,and
hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity for failing to pay prevailing
wages,including the payment of any fines or penalties.
S. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party
beneficiaries intended.Reliance upon the Services and any work product is limited to Client,and is not intended for third parties other than those who
have executed Consultant's reliance agreement,subject to the prior approval of Consultant and Client.
S. LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS
PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE
ASSOCIATED RISKS. TO THE FULLEST EXTENT PERMITTED BY LAW,THE TOTAL AGGREGATE LIABILITY OF CONSULTANT(AND ITS
RELATED CORPORATIONS AND EMPLOYEES)TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF
$50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY
AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT. PRIOR TO ACCEPTANCE OF THIS AGREEMENT
AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL
CONSIDERATION IN THE FORM OF A SURCHARGE TO BE ADDED TO THE AMOUNT STATED IN THE COMPENSATION SECTION OF THE
PROPOSAL. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE,
CAUSE(S),OR THE THEORY OF LIABILITY,INCLUDING NEGLIGENCE,INDEMNITY,OR OTHER RECOVERY. THIS LIMITATION SHALL NOT
APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY.
7. IndemaitylStatute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and
against legal liability for claims,losses,damages,and expenses to the extent such claims,losses,damages,or expenses are legally determined to be
caused by their negligent acts,errors,or omissions.In the event such claims,losses,damages,or expenses are legally determined to be caused by the
joint or concurrent negligence of Consultant and Client,they shall be borne by each party In proportion to its own negligence under comparative fault
principles. Neither party shall have a duty to defend the other party,and no duty to defend Is hereby created by this indemnity provision and such duty
Is explicitly waived under this Agreement. Causes of action arising out of Consultant's Services or this Agreement regardless of cause(s)or the theory
of liability,including negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence
to run not later than the date of Consultant's substantial completion of Services on the project.
S. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the
profession currently practicing under similar conditions in the same locale. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED,
CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND
CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
9. Insurance.Consultant represents that it now carries,and will continue to cant'•(1)workers'compensation Insurance in accordance with the laws of
the slates having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance (51,000,000); (11)
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I rerrac.- -
Reference Number PCB1812a5
commercial general liability insurance($1,000,000 occ 1$2 000.000 agg) (III)automobile liability insurance($1,000.000 B.I.and P.D.combined single
limit); and(iv)professional liability insurance($1.000.000 claim/agg) Certificates of insurance will be provided upon request.Client and Consultant
shall waive subrogation against the other party on all general liability and property coverage
10. CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF
USE OR OPPORTUNITY;LOSS OF GOOD WILL;COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES; COST OF CAPITAL;OR FOR
ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES.
11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and
until Client has obtained the written opinion from a registered,independent and reputable engineer,architect,or geologist that Consultant has violated
the standard of care applicable to Consultant's performance of the Services Client shall provide this opinion to Consultant and the parties shall
endeavor to resolve the dispute within 30 days after which Client may pursue its remedies at law.This Agreement shall be governed by and construed
according to Kansas law
12. Subsurface Explorations.Subsurface conditions throughout the site may vary from those depicted on logs of discrete borings,test pits or other
exploratory services Client understands Consultants layout of boring and test locations is approximate and that Consultant may deviate a reasonable
distance from those locations Consultant will take reasonable precautions to reduce damage to the site when performing Services, however, Client
accepts that Invasive services such as drilling or sampling may damage or after the s,le Site restoration Is not provided un:ess specifically included in
the Services
13. Testing and Observations.Client understands that testing and observation are discrete sampling procedures.and that such procedures indicate
conditions only at the depths locations. and times the procedures were performed Consultant will provide test results and opinions based an tests and
field observations only for the work tested. Client understands that testing and observation are not continuous or exhaustive, and are conducted to
reduce-not eliminate-project rrsk Client shall cause all tests and inspections of the site.materials,and Services performed by Consultant to be timely
and properly scheduled in order for the Services to be performed.n accordance with the plans,specifications.contract documents.and Consultants
recommendations No claims for loss or damage or Injury shall be brought against Consultant by Client or any th rd party unless all tests and
inspections have been so performed and Consultants recommendations have been followed Unless otherwise staled in the Proposal,Client assumes
sole responsibility for determining whether the quantity and the nature of Services ordered by Client is adequate and sufficient for Clients intended
purpose. Client is responsible(even if delegated to contractor)for requesting services and notifying and scheduling Consultant so Consu:tant can
perform these Services. Consultant is not responsible for damages caused by Services not performed due to a failure to request or schedule
Consultant's Services Consultant shall not be responsible for the quality and completeness of Client's contractors work or their adherence to the
project documents, and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its
responsibility for defects discovered in its work or create a warranty or guarantee.Consultant will not supervise or direct the work performed by Client's
contractor or its subcontractors and is not responsible for their means and methods The extension of unit prices with quantities to establish a tota'
estimated cost does not guarantee a maximum cost to complete the Services.The quantities,when given,are estimates based on contract documents
and schedules made available at the tima of the Proposal. Since schedu'e, performance. production and charges are directed and/or controlled by
others,any quantity extensions must be considered as estimated and not a guarantee of maximum cost.
14. Sample Disposition, Affected Materials, and Indemnity. Samples are consumed in testing or disposed of upon completion of the testing
procedures(unless stated otherwise in the Services).Client shall furnish or cause to be furnished to Consultant all documents and information known
or available to Client that relate to the Identity location, quantity.nature,or characteristic of any hazardous waste.toxic,radioactive,or contaminated
materials('Affected Materials)at or near the site,and shall immediately transmit new, updated or revised information as it becomes available.Client
agrees that Consultant is not responsible for the disposition of Affected Materials unless specifically provided in the Services, and that Client is
responsible for directing such disposition In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected
Materials Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies The Client agrees that
Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site and Consultant shall not be responsible
for any claims, losses or damages allegedly arising out of Consultant's performance of Services hereunder, or for any claims against Consultant as a
generator,disposer,or arranger of Affected Material. under federal,state,or local law or ordinance.
15. Ownership of Documents.Work product. such as reports, logs, data, notes, or calculations, prepared by Consultant sha'I remain Consultants
property Proprietary concepts. systems, and Ideas developed during performance of the Services shall remain time sole property of Consultant. Files
shall be maintained in general accordance with Consultant's document retention policies and practices.
15. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures Consultant shall take
reasonable precautions to avoid damage or injury to subterranean structures or utilities Consultant shall not be responsible for damage to
subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked including by a utility locate service, or are
Incorrectly shown on the plans furnished to Consultant.
17. Site Access and Safety. Client shall secure all necessary site related approvals, permits licenses and consents necessary to commence and
complete the Services and will execute any necessary site access agreement Consultant will be responsible for supervision and site safety measures
for Its own employees but shall not be responsible for the supervision or health and safety precautions for any other parties including Client,Client's
contractors subcontr2w—n—sultants,
ors,or other parties present at the site
Consultant. Te Inc. Client. City of Grand Terrace CA
By Date 7/1812018 By: Dale:
Name/Tille- J J Martin/Principal Geologist Name/Title: Alan French I
Address 1355 E Cooley Dr,Ste C Address. 22795 Barton Rd
Colton,CA 92324-3954 Grand Terrace,CA 92313-5271
Phone: (909)824-7311 Fax Phone: (909)824-6621 Fax
Email Jay.Martin@terracon.com Email: afrenchfgrandterrace-ca.gov
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