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PW Fire Station 54 & 55 Utility Location ServicesAGREEMENT FOR PROFESSIONAL SERVICES WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR FIRE STATION 54 & 55 UTILITY LOCATION SERVICES This Agreement is made and entered into this LD day of t�l 0\ItXY1 bei , 2019, by and between the CITY OF SAN RAFAEL (hereinafter "CITY"), and CSW/STUBER-STROEH ENGINERING GROUP, INC. (hereinafter "CONTRACTOR"). RECITALS WHEREAS, the CITY has determined that professional services are required to preform surveying services to locate existing utilities at Fire Station 54 and Fire Station 55, City Project No. 11358 and WHEREAS, the CONTRACTOR has agreed to render such services. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. PROJECT COORDINATION. A. CITY'S Project Manager. The Director of Public Works is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR'S Project Director. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Kristine N. Pillsbury is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR, for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 2. DUTIES OF CONTRACTOR. CONTRACTOR shall perform the duties and/or provide the services outlined in CONTRACTOR'S proposal dated October 10, 2019, marked Exhibit "A", a attached hereto, and incorporated herein. 3. DUTIES OF CITY. CITY shall compensate CONTRACTOR as provided in Paragraph 4, and shall perform the duties as described in Exhibit "A", attached. 4-27- 9 9-q 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown in Exhibit "A" attached and incorporated herein, in an amount not to exceed $7,457.00 Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 5. TERM OF AGREEMENT. The term of this Agreement shall commence upon the date of execution of this Agreement and end on June 30, 2020, or on such earlier date when the work shall have been completed, unless the parties agree to extend this Agreement for another 180 days, as approved in writing by City Manager. 6. TERMINATION. A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon fifteen (15) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the tern ination, to the reasonable satisfaction of the party giving such notice, within such fifteen (15) day time period. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 7. INSPECTION AND AUDIT. Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 8. ASSIGNABILITY. The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other 2 party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 9. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, CONTRACTOR shall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: 1. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additional insureds (for both ongoing and completed operations) under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be "primary and noncontributory" with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance or worker's compensation insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies 3 regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. No representation is made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONTRACTOR under this agreement. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 10. INDEMNIFICATION. A. Except as otherwise provided in Paragraph B., CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by CITY, and hold harmless CITY, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claim, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of CONTRACTOR'S performance of its obligations or conduct of its operations under this Agreement. The CONTRACTOR's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the CONTRACTOR's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the CONTRACTOR's work or work product by the CITY or any of its directors, officers or employees shall not relieve or reduce the CONTRACTOR's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from CONTRACTOR'S performance of or operations under this Agreement, CONTRACTOR shall provide a defense to the City Indemnitees or at CITY'S option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. B. The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. NONDISCRIMINATION. CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 5 13. NO THIRD_ PARTY. B_.._E..NEFICIARIES. CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. NOTICES. All notices and other communications required or pern fitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY's Project Manager: TO CONTRACTOR's Project Director: 15. INDEPENDENT CONTRACTOR. Bill Guerin Public Works Director 111 Morphew Street San Rafael, CA 94901 Kristine N. Pillsbury CSW/STUBER-STROEH ENGINERING GROUP, INC. 45 Leveroni Court Novato, CA 94949 For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 16. ENTIRE AGREEMENT -- AMENDMENTS. A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. 6 D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. SET-OFF AGAINST DEBTS. CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 18. WAIVERS. The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any tenn, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 19. COSTS AND ATTORNEY'S FEES. The prevailing party in any action brought to enforce the teens and conditions of this Agreement, or arising out of the perfonnance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 20. CITY BUSINESS LICENSE / OTHER TAXES. CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 21. SURVIVAL OF TERMS. Any terms of this Agreement that by their nature extend beyond the teen (or termination) of this 7 Agreement shall remain in effect until fulfilled, and shall apply to both Parties' respective successors and assigns. 22. APPLICABLE LAW. The laws of the State of California shall govern this Agreement. 23. COUNTERPARTS AND ELECTRONIC SIGNATURE. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one document. Counterpart signature pages may be delivered by telecopier, email or other means of electronic transinission. IN WITNESS NVIIEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL -- JI�SJIUTZ, Cit ger ATTEST: CONTRACTOR By: Name: Al Cornwell Title: Vice President [If C tracto i s corpo a i seco d orp rat officer] LINDSAY LARA, City Clerk By: APPROVED AS TO FORM: Nam . Robert Stevens Title: President ROBERT F. EPSTEIN, Tity At brney 9 add signature of Fi!ii11�81M Date: October 10, 2019 File: 1910192 Ms. Faby Guillen City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 RE: FIRE STATIONS 54 AND 55 UTILITY LOCATION Dear Faby: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the opportunity to present our proposal to locate underground utilities at Fire Stations 54 and 55 in San Rafael, CA. Below please find our proposed scope of services and associated fees. SCOPE OF SERVICES CSW I ST2 agrees to prepare or provide the following documents and services in accordance with the following: 1. Underground Utility Location at Fire Station 54 Scope of Services as described in Bess Tesdab, Inc. Quote No. CM -0926-01 Deliverable Iteim 1: Deliverables as described in Bess Tesdab, Inc. Quote No. CM -0926-01 2. Underground Utility Location at Fire Station 55 Scope of Services as described in Bess Tesdab, Inc. Quote No. CM -0926-02 Deliverable Item 2: Deliverables as described in Bess Testlab, Inc. Quote No. CM -0926-02 3. Coordination by CSW I ST2 Coordination with Bess Testlabs, Inc. and the City of San Rafael to provide utility location services and resulting mapping to the City of San Rafael for Fire Stations 54 and 55. Deliverable Item 3: Coordination as described above. 4. Reimbursables Deliverable Item 4: Expenses which are Reimbursable VIPwicctaUvutvn_F—s,,nu—;4,nd5;Unh IA:uion\Docs.100:1dnmsrnnnounrr-p—d\201U-10-1 0p910192rs54;;lr-p—ldog. 4 u Court 415.883.9850 Berkeley Novato. CA 54949 Fax 415.883 8835 Novato t:^sw.csvrst2.com Petaluma Pleasanton CSW S Y 2 REdvrood City Richmond Sacramento CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I surveyors Date: October 10, 2019 File: 1910192 Ms. Faby Guillen City of San Rafael Department of Public Works 111 Morphew Street San Rafael, CA 94901 RE: FIRE STATIONS 54 AND 55 UTILITY LOCATION Dear Faby: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the opportunity to present our proposal to locate underground utilities at Fire Stations 54 and 55 in San Rafael, CA. Below please find our proposed scope of services and associated fees. SCOPE OF SERVICES CSW I ST2 agrees to prepare or provide the following documents and services in accordance with the following: 1. Underground Utility Location at Fire Station 54 Scope of Services as described in Bess Tesdab, Inc. Quote No. CM -0926-01 Deliverable Iteim 1: Deliverables as described in Bess Tesdab, Inc. Quote No. CM -0926-01 2. Underground Utility Location at Fire Station 55 Scope of Services as described in Bess Tesdab, Inc. Quote No. CM -0926-02 Deliverable Item 2: Deliverables as described in Bess Testlab, Inc. Quote No. CM -0926-02 3. Coordination by CSW I ST2 Coordination with Bess Testlabs, Inc. and the City of San Rafael to provide utility location services and resulting mapping to the City of San Rafael for Fire Stations 54 and 55. Deliverable Item 3: Coordination as described above. 4. Reimbursables Deliverable Item 4: Expenses which are Reimbursable VIPwicctaUvutvn_F—s,,nu—;4,nd5;Unh IA:uion\Docs.100:1dnmsrnnnounrr-p—d\201U-10-1 0p910192rs54;;lr-p—ldog. CS?J S4 Faby Guillen City of San Rafael October 10, 2019 Page 2 Modifications to the plans or services outlined above that result from Value Engineering will be performed on a time and expense basis in accordance with our then current Hourly Rates and Billing Policy. Any services beyond those specifically outlined above will be billed as Additional Services. The inclusion of Additional Services to the Scope of Work Xvill require written amendment to the contract to be signed by the client and CSW I ST2 before the Additional Services are to be provided (see Additional Services section, below). FEES CSW I ST2 agrees to provide the services described above for the following fixed fees based on our current Hourly Rates and Billing Policy, a copy of which is enclosed, and Best Testlabs Quotes, copies of which are also enclosed. 1. Underground Utility Location at Fire Station 54 $ 3,320.00 2. Underground Utility Location at Fire Station 55 $ 3,320.00 3. Coordination by CSW I ST2 $ 692.00 4. Reimbursables $ 125.00 TOTAL — ITEMS 1-4 $ 7,457.00 Invoices for services rendered will be issued on a monthly basis. Payment terms are net 30 days from the date of the invoice. Late payments are subject to interest charges at the rate of 18% per annum. Reimbursable costs for printing, supplies, agency submittal/pen-nit fees, travel and other miscellaneous or incidental expenses will be billed in addition to the amounts shown above in accordance with our enclosed Billing Policy. CLIENT TO PROVIDE The following is a list of items to be provided to us in order to perform the above Scope of Services: • Executed Contract • Project Manager to serve as single point of contact • Access to the site • Payment of all Government, Agency or other fees P IProivcrsue11)192 Fire stations 54 and ss urdin 1-cation\Doc\100 Admits suatitin\11)1 Nopos.0200-10-11) p iumn_ rs sa ;;l rmposal dM. CSW ST Faby Guillen City of San Rafael October 10, 2019 Page 3 ADDITIONAL SERVICES CSV I ST2 agrees to perform all of the items listed in the Scope of Services. However the following items are excluded from the Scope of Services of this contract. They may be added at the request of the Owner as a revision to this proposal, or under a future proposal or amendment. Fees for these services will be billed on a time and expense basis, in accordance with our then current Hourly Rates and Billing Policy, with a budget estimate provided or for a fixed fee based upon a defined scope of work. Additional items CSW I ST2 can provide include (but are not limited to): Utility Flushing and Televising via a Flushing and Televising Sub -Consultant EXCLUSIONS The following items are specifically excluded from the Scope of Services of this contract. These services are not provided by CSW ST2. CSW I ST2 would be willing to assist the client in locating a consultant to supply these services. • Geotechnical Engineering (Investigation, Report, Services) • Architectural Plans • Traffic Study • Noise Study • Joint Trench Design • Electrical Engineering • Exclusions as described in the Bess Testlabs Quotes CM -0926-01 and C1\2-0926-02 SERVICES AND STANDARD OF CARE CSW/Stuber-Stroeh Engineering Group, Inc.'s (CSW I ST2's) services shall be limited to those expressly set forth above. CSV I ST2 shall have no other obligations or responsibilities for the project except as agreed to in writing, or as provided in this agreement. CSV I ST2's services shall be provided consistent with, and limited to, the standard of care applicable to such services. CSV I ST2 shall provide its services consistent with the professional skill and care ordinarily provided by consultants practicing in the same or similar locality under the same or similar circumstances. SCHEDULE CSW I ST2 can begin work inu-nediately after receiving the signed work authorizations, the initialed CSW/Stuber-Stroeh Engineering Group, Inc. Terms and Conditions of Agreement and any Client Provided items listed in this contract. r:\P-1i ,nl19101 r- F—st.,no., ;4 ,nd 55 unLp i. x i—WOcUoo :kd.—«v—101 Nop-02019-10-10 11910192 rs 54-5i] 11,.poA d-, CSW ST Faby Guillen City of San Rafael October 10, 2019 Page 4 If this proposal is acceptable, please forward your Professional Service Agreement documents to my attention for our review. If you have any questions or wish to modify the Scope of Services, please call/email me. CSW I ST2 provides services for a variety of agencies and clientele in this vicinity. To our knowledge, none present a conflict of interest to our serving on this project team. If you have specific concerns, please call and I will provide any additionally required information. Thank you for considering CSW I ST2 to assist you in the development of your project. We look forward to working with you and your team. Sincerely, CSW/STUBER-STROEH ENGINEERING GROUP, INC. Kristine N. Pillsbury RCE 61685 IiNP:knp Enclosures PAP -i cn�1910192 Rm Stations 54 and 55 Unlay l.oaarfon\D00100 \Jmmutrannn\101 Prnpns:d12019•10.1011910192 FS 54—iii proposal docs 45 Leveroni Court 415.8339350 Berfelev Novato. CA 94949 Fax. 415.883 9935 Novato v,—ww.cserst2.cem Petaluma Pleasanton ff� flAA Red:-roodCity C Ei}9 u Richmond Sacramento CSWIStuber•Stroell Eng WORK CONFIRMATION File Number: 1910192 Client No.: CITSAN Contact: Faby Guillen CLIENT NAME: City of San Rafael Department of Public Works Phone: 415-485-3435 Address: 111 T\Iorphew Street Fax: City, State, Zip: San Rafael, CA 94901 Email: Fabn,b tantl.•nL-rf,,Gcn—funnG,el-m BILLING INFO. (If Different from Client): Bill to Name: City of San Rafael Department of Public Works Attn: Faby Guillen Address: 111 vlorphew Street Phone: 415-485-3435 City, State, Zip: San Rafael, CA 94901 Fax: 1,1, �t,.c,,ncnt. tr ,u1 my ,r.:,n„r.,t•t „„ PROJECT NAME: FIRE STATIONS 54 AND 55 UTILITY LOCATION Project Address: 46 Castro Avenue and 955 Point San Pedro Road City: San Rafael, CA Description of Work: Professional services as described in our proposal dated October 10, 2019 (cop), attached). Client Will Provide: Items specified in our proposal dated October 10, 2019 (copy attached). Client to be Provided With: Professional services as described in our proposal dated October 10, 2019 (copy attached). Other Comments: BILLING INFORMATION: Work will be Invoiced: Nlonthly: X Upon Completion: Fixed Fee: Y $ 7,457.00 Budget Estimate: $ Billing Basis for Proposed Work (Check One): % Complete: Hourly Rates*: X Other (Explain Below): Other Information: "Hourly rates will be in conformity with Hourly Rates and Billing Policy Schedule, effective July 1, 2019, a copy of which is attached and made an integral part of this Agreement. This proposal is valid for 30 days from the date of the attached Proposal Letter. IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and provisions above stated and on the attached CSW/Stuber-Stroeh Engineering Group, Inc. Contract Terms and Conditions. Agreed to at Novato, California. CITY OF SAN RAF -1EL CSVI/STUBER-STROEH ENGINEERING GROUP, INC. By: By: Date: Date: PIC Initials P Vrnject,lrnorr I•— Stenon, 54 and 5i LtnLtc I.—,t,-\D0C\IWI.WnuntstntionN 101 Proposa1\17111192 Rork Confinnannn docs Date Prepared 1010/2019 C'S` t ST 0 CSWIStuber•Stroeh Engineering Group, Inc. 45 Leveroni Court 415 883.9850 Berkeley Novato CA 94949 Fax 415.883 9835 Novato wtiimcsvist2.com Petaluma $ Pleasanton Project Engineer III Red.vood City 175.00 Richmond $ Sacramento Engineers I Land Planners I Surveyors $ PROJECT NO.: 1910192 HOURLY RATES AND BILLING POLICY Effective July 1, 2019 the following hourly rates will be charged for services rendered. (Rates subject to change): CIVIL ENGINEERING HOURLY RATES Principal $205.00-$235.00 Sr. Project Manager $ 205.00 Project Manager $ 193.00 Project Engineer III $ 175.00 Engineer III $ 161.00 Engineer II $ 148.00 Engineer I $ 110.00 Senior Designer $ 186.00 Designer III $ 161.00 Designer II $ 148.00 Designer I $ 110.00 Technician III $ 161.00 Technician II $ 148.00 Technician I $ 100.00 Project Coordinator/ Office Manager $ 120.00 Project assistant II $ 88.00 Project assistant 1 $ 77.00 SURVEYING HOURLY RATES Land Surveyor/Project Manager $ 175.00 Project Siuveyor $ 175.00 Survey Technician II $ 128.00 Survey Technician I $ 100.00 Two -Man Survey Party $ 275.00 Expert Witness / arbitration Services are available at a negotiated rate. All expenses for transportation will be charged at cost plus service charges at the rate of 10%. Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. Billing will be monthly. Invoices are due and payable upon presentation. Interest at the rate of 1.5% per month commencing thirty (30) days after invoice date will be charged on delinquent accounts. CSW/Stuber-Stroeh Engineering Group, Inc. reserves the right to suspend work on any project when invoices have not been paid within thirty (30) days after having been rendered. Client Initials Consultant Initials BEHayward (Corporate) ( Fresno ( Los Angeles ( T. (408) 988-01011 F. (408) 988-0103 Utility Locating - Ground Penetrating Radar (GPR) - Electromagnetic Pipe Locators SL Structural Concrete Scanning - Potholing Vacuum Excavation - CCN Pipe Inspection TEST' -AB, INC. Mobile LiDAR Scanning - 3D Scanning- 3D Utility Mapping- www.besstestlab.com September 26, 2019 Quote No.: CM -0926-01 CSW I ST2 45 Leveroni Court Novato, CA 94949 Phn: (415) 883-9850 Attention: Kristine Pillsbury, PE, Project Manager Reference: Fire Station 54-46 Castro Avenue, San Rafael, CA Proposal for utility designation and mapping Dear Kristine, Thankyou forthe opportunityto submit this proposal to provide utility locating and mapping services forthe above referenced project. Bess Testlab, Inc. (BESS) is pleased to offer the following summary of our scope of services, conditions, schedule and fee proposal. Project Summary Underground utility survey is to be performed to locate all exsiting utilities at address above and as designated on the attached map. Existing survey control to be provided by client. Deliverables requested are to be an AutoCAD file and PDF exhibit of the utilities discovered. Scone of Services ■ Utility Designation Services (Mark & Locate) —ASCE 38-02, Level "B" BESS will perform utility investigation services using industry acceptable methods (i.e., electronic pipe and cable locating equipment, Ground Penetrating Radar (GPR), Pipeline Current Mapper (PCM), etc.) to determine the approximate horizontal position and count of existing utilities within the areas designated by CSWIST2. See attached exhibit map for a pictorial depiction of the proposed area(s) of utility investigation services. BESS field crews will use a combination of water-based paint and pin flags (in the appropriate APWA color) to mark the results of our investigation on the ground surface. BESS will compare any available utility record information (supplied by client) with the results of field investigation services to ensure all utilities have been accounted for. Utilities not identifiable by BESS field crews due to lack of utility record information or above ground appurtenances will be marked with pink paint on the ground surface and annotated as "Unknown" on project deliverables. Gravity lines such as sewer, storm sewer, irrigation, etc., typically cannot be located using the above methods due to lack of tracer wire or depth of the utility being beyond the limitations for GPR. In the event we cannot locate these utilities and precise location and depth is needed, vacuum excavation (potholing) or CCTV pipeline inspection would be required and can be provided for an additional fee. ■ Utility Mapping Services Once utilities have been marked, BESS will perform a topographic survey of the area of interest to document the utilities using a combination of RTK GPS, Robotic Total Station, IPS2 Mobile LiDAR, FARO X300 scanner, IDS Stream EM (GPR utility mapper) and UAV Photogrammetry for the data collection. Client must specify Coordinate system or provide local horizontal and vertical site control point data otherwise data will be provided on an assumed local datum. BESS will provide either a shape file or AutoCAD drawing done to BESS drafting standards, unless otherwise specified by the client and agreed upon. BESS will also provide a PDF or TIF file of the AutoCAD drawing printable to scale on our standard title block. Point cloud, 3D terrain models and 3D utility models are not included in the pricing. Page 1 of 3 Quote No.: CM -0926-01 September 26, 2019 Exclusions The following are specifically excluded from our scope of services: ■ Permitting ■ Inspection Fees ■ Traffic Control Plans ■ Removal of locate and/or USA markings ■ Additional utility potholes and/or crew hours without written approval ■ Any services not specifically addressed within the Scope of Services above without written approval.) Fee Proposal BESS proposes to perform the above referenced scope of services for the following fees: ■ Utility Designation Services $ 1,750 ■ Survey paint mark locations (provided in CAD file) $ 1,570 Rates used for fees above are: N Standard ❑ Prevailing Wage ❑ Night Rate ❑ Weekend Rate ❑ Overtime Requests for additional services by written approval will be billed on a time and materials basis according to the attached fee schedule or based upon an approved scope and fee amendment. Rates and Reimbursable Expenses ■ Overtime applies after 8 hours of work and weekends. ■ Hourly rates are portal to portal from our nearest office, unless specified otherwise. ■ Hourly rates apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM). ■ Prevailing wage and night rates will apply when necessary. ■ Mileage expenses, if applicable, shall not exceed the rate established by the IRS for the current year. ■ Lodging and meals, when necessary, will be charged at cost plus 10%, unless specified otherwise. ■ Outside reproductions, shipping, services and consultants will be charged at cost plus 10%. ■ Cost of normal field supplies are included in the hourly rates. Schedule BESS will perform the work described in the above Scope of Services as expeditiously as practical, weather permitting, to meet a mutually agreed schedule upon receipt of your written authorization to proceed. Utility locating services will begin within 72 hours from authorization to proceed. Please allow 2 to 3 working days from the completion of field activities for receipt of deliverables. Attachments The following documents are attached hereto and incorporated herein by reference: N Authorization / Notice to Proceed N Exhibit map designating project limits N BESS Standard Agreement N BESS Fee Schedule If acceptable, sign and return one (1) copy of the attached Authorization for our files. We look forward to working with you on this project and appreciate the opportunity to provide you with this proposal. If you have any questions or need additional information, please feel free to contact me. Respectfully, Chris Muzny, PLS Director of Mapping Bess Testlab, Inc. chris(@besstestlab.com Cell: (559) 832-6726 Page 2 of 3 Quote No.: CM -0926-01 September 26, 2019 Acceptance Our receipt of the executed copy of this proposal will serve as our Notice to Proceed. This proposal is valid for thirty (30) days from the date of the proposal. If the proposal is not accepted within thirty (30) days, we reserve the right to revise or withdraw the proposal entirely at our discretion. Prior to the commencement of work, BESS shall be provided with the following: 1. Preliminary Lien information including owner name and address 2. Provide a single point of contact for project 3. Any special conditions and or work restrictions on project and or project area 4. Soils report if available 5. Coordinate access to restricted areas when necessary 6. Reasonable advance notice of any potential project delays 7. Copy of Prevailing wage rates, if required, prior to authorization of contract 8. Name and address where to submit invoicing 9. Payment 60 days net or within 10 days of receipt of payment Authorization / Notice to Proceed I, the undersigned, have read, reviewed and accept the attached proposal, including attachments, and authorize Bess Testlab, Inc. to proceed with the work described above as witnessed and attested by my signature below. Kristine Pillsbury / CSWIST2 By: (Print or Type Name) (Signature) Title: Page 3 of 3 Date: o t cn iz k .. •• oN cn a) f • ff F t o fit 4C �2, 1* P, t= c C% 5 ■ � � I � ' h ` � 1 f .�`"•^.ate` . . 4 � 1 Jkw i e j f`jj 0 i � k s �. a� a', .6� ' • � P �•T 'mss 1� ; �' '• 5 � � _ � =�.X �.. �'..i is <��Q1Y` •Eti :.��•:�r t .- ��ry- y _ .-S,':�•si°' a V�{ w ,r e 0 x H Hayward (Corporate) I Fresno ( Los Angeles ( T. (408) 988-01011 F. (408) 988-0103 Utility Locating - Ground Penetrating Radar (GPR) - Electromagnetic Pipe Locators Structural Concrete Scanning - Potholing Vacuum Excavation - CCTV Pipe Inspection Mobile LiDAR Scanning - 3D Scanning - 3D Utility Mapping - www.besstestlab.com Attachment - Hourly Fee Schedule 2019 Project Coordination and Processing Standard Rate Prevailing Rate • Project Management $145.00 • Project Coordination $125.00 • Licensed Professional (Civil / Surveyor / Geophysicist) $155.00 • LiDAR / UAV / Geophysical Data Processing and Extraction $95.00 • CAD Technician $95.00 • Reports / Sketches / Clerical $95.00 • Data Processing and Extraction $125.00 Utility Location • 1 -Person Utility Designation w/ GPR & EM Pipe Locator $175.00 $175.00 • 2 -Person Utility Designation w/ Multi Antenna GPR $310.00 $310.00 Potholing and Vacuum Excavation • 2 -Person Utility Potholing w/ air vacuum truck $295.00 $295.00 • 1 -Person Utility Potholing w/ hydro vacuum truck $275.00 $275.00 • 2 -Person Utility Potholing w/ hydro vacuum truck $360.00 $360.00 • 2 -Person Key Hole & Surface Restoration w/ equipment $270.00 $270.00 Traffic Control • 1 -Person Traffic Control w/ arrow truck $145.00 $145.00 • 2 -Person Traffic Control w/ arrow truck $230.00 $230.00 • 1 -Person Flagger / TC Helper $110.00 $110.00 GPR Concrete Scanning and Coring • 1 -Person GPR Concrete Scanning w/ equipment $187.50 $217.50 • 1 -Person Saw Cutting & Coring w/ equipment $145.00 $165.00 CCN Camera - Video Inspection • 2 -Person CCN Pipe Inspection w/ Main Line Crawler Unit $295.00 $295.00 • 2 -Person CCN Pipe Inspection w/ Lateral Line Push Unit $295.00 $295.00 • 2 -Person Hydro Flushing w/ hydro vacuum truck $325.00 $325.00 Surveying and Mapping • 1 -Person Survey Crew - GPS / Robotic / 3D Scanner $175.00 $205.00 • 2 -Person Survey Crew - GPS / Robotic / 3D Scanner $250.00 $290.00 • 2 -Person Survey Crew - Mobile LiDAR Scanner $325.00 $350.00 • 2 -Person Survey Crew - UAV Data Collection $250.00 $290.00 Other, Reimbursable and Direct Costs • 1 -Person General Labor Hourly Rate $110.00 • 1 -Person Travel Rate, charged from closest dispatch location $ 75.00 • Traffic Control Plans - non -stamped (per sheet) $300.00 • Traffic Control Plans - Stamped (per sheet) $600.00 • Mileage, if applicable Current IRS Rate • Lodging and meals, applies when over 50 miles Current GSA Rate +10% • Off -Road Vehicle Rental Cost+10% • Outside reproductions, shipping, services and consultants Cost+10% • Special backfill and resurfacing materials Cost+10% • Cost of normal field supplies are included in the above rates. Notes: • Overtime applies after 8 hours of work and weekends. • Rates above apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM). • Night rate applies outside of normal shift hours. • Overtime after 8hrs up to 12hrs and Saturdays, rate is 1.3 times those shown above. • Overtime after 12hrs, Sundays and Holidays, rate is 1.6 times those shown above. These rates represent maximum rates to be charged for services. All rates are subject to change. BESS TESTLAB, INC. STANDARD AGREEMENT PROVISIONS AND CONDITIONS DESCRIPTION OF SERVICES: A. BASIC SERVICES. This contract provides for the performance of services referred to herein as Basic Services. The requirements for performance of said services are limited to those services explicitly stated in this Agreement for Utility Potholing and/or Locating Services. B. ADDITIONAL SERVICES. Any services which may be required after the commencement of the Project and that are not covered in the Agreement, shall be in addition to the Basic Services. Any Additional Services shall qualify for additional compensation at current rates. Any services needed to modify specifications or plans, originally produced as specified in the Contract Documents, in order to bring the construction cost within any limitation established by Client (based on bonafide bid prices) will be considered Additional Services and paid for as such by Client. C. ADDITIONAL WORK AUTHORIZED IN WRITING. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the fallowing ways: 1. Field Order approved in writing by both parties; 2. Drawing or sample approved in writing by both parties. 3. Issuance of written interpretation of clarification approved in writing by both parties. D. EXCLUSIONS. Unless specifically included in the Basic Services or authorized as Additional Services, the following items are not included: 1. Any work associated with sewage treatment facilities. 7. Any work associated with a Development of Regional 2. Any work associated with water treatment facilities. Impact study. 3. Any work associated with archaeological, biological, 8. Topographic and tree survey. ecological or environmental studies. 9. Architectural services. 4. Redesign due to changes imposed upon us by Client 10. Soils investigation and testing. or which may be required in the event additional laws, 11. Dredge and fill permits. regulations or policies and promulgated by governmental 12. Restaking. agencies subsequent to the date of this Agreement. 13. Rezoning and/or land use plan amendment. 5. Preparation of landscape and irrigation plans. 14. All permit fees, filing fees, search fees, prints or other 6. Any requested changes after design is complete or out-of-pocket expenses. partially complete. 15. Participation in any litigation. STANDARD PROVISIONS: A. PROPOSAL EXPIRATION DATE. This proposal will remain valid for a period of ninety (90) days (unless otherwise stated) from the dale of this Agreement. The rales and prices quoted on the Project are firm for a period not to exceed one (1) year. Any work required to be performed after that dale may have costs adjusted to reflect the prevailing rates at that period of time. B. INSURANCE REQUIRED. The Bess Testlab, Inc. shall carry, at all times, and on all operations hereunder, Workers• Compensation insurance and general and automobile liability insurance. C. LIMITATIONS OF RESPONSIBILITY. 1. Neither Bess Testlab, Inc. authority to act under this Agreement of elsewhere in the Contract Documents or any decisions made by Bess Testlab, Inc. in good faith either to exercise or not exercise such authority shall give rise to any duty or responsibility of Bess Testlab, Inc. to any Contractor, and Subcontractor, and supplier, or any other person or organization performing any of the Work, or any surety for any of them. 2. Whenever in the Contract Documents the terms as ordered, as directed, as required, as allowed, as approved, or terms of like effect or import are used, or the adjectives reasonable, suitable, acceptable, proper, or satisfactory, or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of Bess Testlab, Inc. as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the Work for general compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Bess Testlab, Inc. any duly or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions in previous paragraphs. 3. Bess Testlab, Inc. will not be responsible for Contractor, s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, and Bess Testtab, Inc. will not be responsible for Contractor, s failure to perform or finish the Work in accordance with the Contract Documents. 4. Bess Testlab, Inc. will not be responsible for the acts of omissions of Contractor or any Subcontractor, and Supplier, or of any other person or organization performing or furnishing any of the Work. 5. Payment cannot be withheld for the poor performance of others. Bess Testlab, Inc. is entitled to prompt payment for services rendered regardless of the quantity or quality of work performance by any other Contractor engaged as part of this Project. Poor performance by others shall not be the basis for suspension of payment to Bess Testlab, Inc. 6. It is necessary that Bess Testlab, Inc. be advised in writing at an early date or there are budgetary limitations for the overall Project Cost or Construction Cost. Bess Testlab, Inc. will endeavor to work within those limitations. If requested, and Bess Testlab, Inc. is compensated as Additional Services, Bess Testlab, Inc. will submit opinions as to the probability of completing construction within the budget and, where appropriate, suggest an adjustment in the budget or a revision in the extent or quality of the Project. The Client hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. If greater assurance as to probable construction costs is necessary, or if formal estimates are required, an independent cost estimator should be employed. 7. Bess Testlab, Inc. provides Ground Penetrating Radar (GPR) services. Bess Testlab, Inc. cannot guarantee it will be able to locate all utilities or other objects on site. The decision to proceed with culling, coring, drilling, boring, or excavation is left entirely up to the customer. D. HAZARDOUS SUBSTANCE. It is understood and agreed that in seeking the professional services of Bess Testlab, Inc. under this Agreement, the Client does not request Bess Testlab, Inc. to undertake uninsurable or potentially uninsurable obligations for the Client, s benefit involving or related in any manner to hazardous substances. Therefore, Bess Testlab, Inc. undertakes no such obligation hereunder, and the Client agrees to hold harmless, indemnify, and defend Bess Testlab, Inc. from and against any and all claims, losses, damages, liability and costs arising out of or in any way connected with the presence, discharge, release or escape of contaminates or hazardous substances of any kind, or environmental liability of any nature, in any manner related to services performed by Bess Testlab, Inc. under this Agreement. E. NOTIFICATION OF DEFECTS. In order to mitigate losses from any claimed deficiency in the service(s) rendered by Bess Testlab, Inc. notification must be promptly given of such claimed deficiencies. F. TERMINATION OF AGREEMENT. 1. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. 2. This Agreement may be terminated by the Client upon at least seven (7) days written notice to Bess Testlab, Inc. in the event that the Project is permanently abandoned. 3. In the event of termination not the fault of Bess Testlab, Inc., Bess Testlab, Inc. shall be compensated for all services (Basic Services and Additional Services) performed to termination dale, together with any Reimbursable Expenses then due and Termination Expenses of ten percent (10%) of unbilled fees. G. RIGHTS. Failure of either party to enforce any of its right hereunder shall not constitute a waiver of such rights, or any other rights hereunder. H. MISCELLANEOUS PROVISIONS. 1. Bess Testlab, Inc. shall not be liable for failure to perform or for delay in performance of this contract due to fire, flood, strike, to other labor difficulty, act of any governmental authority, riot, embargo, car shortage, wrecks or delay in transportation, or any other unavoidable and unforeseeable cause beyond the reasonable control of either party. 2. This Agreement shall be governed by the laws of the Slate of California. 3. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have occurred in any and all events not later than the relevant Dale of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Dale of Completion, not later than the Date of Issuance of the Final Certificate for Payment. 4. The Client and Bess Testlab, Inc., respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such party with respect to all covenants of this Agreement. Neither Client nor Bess Testlab, Inc. shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 5. As a part of this Agreement, Bess Testlab, Inc. will be allowed to post an aesthetically pleasing sign of appropriate size and professional appearance on the Project site showing scope of services being provided and identifying the Project. 6. This Agreement represents the entire integrated agreement between the Client and Bess Testlab, Inc. and supercedes all prior negotiations, representations BESS DOC No JB5212019 R5 or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Client and Bess Testlab, Inc. 111. DOCUMENTATION AND WORK PROJECT: A. OWNERSHIP OF WORK PROJECT. All original sketches, tracings, drawings, computations, details, design calculations and other documents and plans that result from Bess Testlab, Inc. services under this Agreement are and remain the property of Bess Testlab, Inc. as instruments of service. Where such documents are required to be filed with governmental agencies, Bess Testlab, Inc. will furnish copies to the Client upon request. B. REUSE OF DOCUMENTS. All documents including drawings and specifications prepared by Bess Testlab, Inc. pursuant to this Agreement are instruments or service in respect to the Project. They are not intended for, or represented to be suitable for, reuse by the Client or to others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Bess Testlab, Inc. for the specific purposes intended will be at Client, s sole risk and without liability or legal exposure to Bess Testiab, Inc. Client shall indemnify and hold Bess Testlab, Inc. harmless from all claims, damages, losses and expenses including all attorney, s fees, trials or appeals arising out of or resulting from any reuse. Any such verification or adaptation for use on extensions of the Project or any other project will entitle Bess Testlab, Inc. to further compensation at rates to be agreed upon by Client and Bess Testlab, Inc. IV. AGENCY AND THIRD PARTIES: A. AGENCY POWER FOR PERMITS, ETC. Bess Testlab, Inc. personnel assigned to the Project are authorized by the Client to serve as his Agent in making application for permits. B. RELATIONSHIP WITH OTHER CONSULTANTS. Where other consultants are assigned to this Project by the Client, Bess Testlab, Inc. is authorized to work directly with said consultants, as required, to perform the service(s) outlined herein. The Client shall insure that such other consultants will be available to Bess Testlab, Inc. as required. C. ADDITIONAL CONSULTANTS. Bess Testlab, Inc. shall obtain separate authorization from the Client before obtaining any required sub -consultants other than those required to perform the Basic Services and/or Additional Services specifically slated in the Agreement or any amendment thereto. V. BASIS AND CONDITION OF PAYMENTS: A. MONTHLY INVOICES. Payments for Basic Services shall be billed on a monthly basis for work performed to date and shall be in proportion to services performed. Included in this billing shall be any charges for Additional Services and for Reimbursable Expenses as defined in Paragraph B below. B. REIMBURSABLE EXPENSES. Include actual expenditures made by Bess Testlab, Inc. in the interest of the Project. These expenses may include any of the fallowing: 1. Expense of any additional insurance coverage or limits, including professional liability insurance in excess of that normally carried by Bess Testlab, Inc., and Bess Testiab, Inc. consultants; 2. Renderings and models requested by the Client; 3. Expense of overtime work requiring higher than regular rales; 4. Fees paid for securing permits, licenses and other approval of authorities having jurisdiction over the Project; 5. Other cut -of -pocket expenses including, but not limited to, Professional Associates (whose expertise is required to complete the Project), travel expenses (lodging, meals, etc.), job-related mileage, long distance telephone calls, printing, computer time charges, fax charges, etc., the charges for which shall include an administrative charge of fifteen percent (15%). C. TERMINATION EXPENSES. If the Project is suspended or abandoned in whole or in part for more than three months, Bess Testlab, Inc. shall be compensated for all services performed prior to receipt of written notice from the Client of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in STANDARD PROVISIONS, Paragraph G.3. If the Project is resumed after being suspended for more than three months, Bess Testlab, Inc. compensation shall be equitably adjusted. D. INTEREST AND COLLECTION COSTS. 1. Late Payments: If Client fails to make any payment due to Bess Testlab, Inc. for services and expenses within thirty (30) days after receipt of Bess Testlab, Inc. invoice, the amounts due to Bess Testlab, Inc. shall include a finance charge of 1.5 percent per month, or eighteen percent (18%) per annum, from said 30th day. 2. Should it be necessary to collect this account through an attorney, Client agrees to pay all costs of collection, including any reasonable attorneys fees, or fees for trials or appeals. 3. All paid when paid contracts will be limited to 90 days maximum from the date we submit our invoice. Finance charges per section V. D.1. applies from said 90TH day. VI. UTILITY POTHOLING AND LOCATING TECHNICAL STANDARDS: A. UTILITY POTHOLES. Information obtained by direct exposure of the existing utilities can greatly increase the level of confidence with respect to the location of underground utilities at a particular job -site. Utility exposure (Utility Pothole) permits three-dimensional measurements, in relation to the existing surface elevation and surface features, to be taken on utilities for accurate location at each pothole. The overall level of confidence with respect to the location of site utilities can be raised by increasing the number of potholes examined; however, Bess Testlab, Inc. provides no guarantee of the location of utilities on the site other than at the locations where potholes have been performed. B. UTILITY LOCATING. Utility locating services include the horizontal, above ground detection and marking of underground utilities. Geophysical prospecting methods are used to indicate the presence and surface position of buried utilities. Utility locating information should not be used for construction purposes, or where exact horizontal and vertical measurements are required. 1. The accuracy of utility locating designating and depth of cover readings obtained by utilizing Geophysical and Ground Penetrating Radar equipment and techniques are subject to field and soil conditions beyond our control. Bess Testlab, Inc. will make reasonable efforts to provide comprehensive and correct positional utility marks to the limits obtainable by the instrumentation used and the existing ground conditions; however, Bess Testlab, Inc. provides no guarantee that all existing utilities on a particular site will be properly located using these methods. C. Utilizing Bess Testlab, Inc. utility locating and/or utility potholing services does not relieve any party from their obligation to contact the utility damage prevention system before digging begins. D. Utility marks placed on the ground by Bess Testlab, Inc. are not to be used for construction purposes. E. Bess Testlab, Inc. do not conduct a study, investigation, analysis, or interpretation of soil composition, soil conditions, or other aspects of the physical earth. We report retrieved data only. We do NOT provide geophysical geological or engineering services. Please contact a geophysicist, geologist, or engineer if you are seeking the provision of geophysical, geological or engineering services. BESS DOC No JB5212019 R5 { Hayward (Corporate) ) Fresno ( Los Angeles ) T. (408) 988-01011 F. (408) 988-0103 Utility Locating - Ground Penetrating Radar (GPR) - Electromagnetic Pipe Locators Structural Concrete Scanning - Potholing Vacuum Excavation CCN Pipe Inspection TE ST LA B , ) N C . Mobile WAR Scanning - 3D Scanning - 3D Utility Mapping - www.besstestlab.com September 26, 2019 Quote No.: CM -0926-02 CSW I ST2 45 Leveroni Court Novato, CA 94949 Phn: (415) 883-9850 Attention: Kristine Pillsbury, PE, Project Manager Reference: Fire Station 55 — 955 Point San Pedro Road, San Rafael, CA Proposal for utility designation and mapping Dear Kristine, Thank you for the opportunity to submit this proposal to provide utility locating and mapping services for the above referenced project. Bess Testlab, Inc. (BESS) is pleased to offer the following summary of our scope of services, conditions, schedule and fee proposal. Project Summary Underground utility survey is to be performed to locate all exsiting utilities at address above and as designated on the attached map. Existing survey control to be provided by client. Deliverables requested are to be an AutoCAD file and PDF exhibit of the utilities discovered. Scope of Services ■ Utility Designation Services (Mark & Locate) — ASCE 38-02, Level "B" BESS will perform utility investigation services using industry acceptable methods (i.e., electronic pipe and cable locating equipment, Ground Penetrating Radar (GPR), Pipeline Current Mapper (PCM), etc.) to determine the approximate horizontal position and count of existing utilities within the areas designated by CSWIST2. See attached exhibit map for a pictorial depiction of the proposed area(s) of utility investigation services. BESS field crews will use a combination of water-based paint and pin flags (in the appropriate APWA color) to mark the results of our investigation on the ground surface. BESS will compare any available utility record information (supplied by client) with the results of field investigation services to ensure all utilities have been accounted for. Utilities not identifiable by BESS field crews due to lack of utility record information or above ground appurtenances will be marked with pink paint on the ground surface and annotated as "Unknown" on project deliverables. Gravity lines such as sewer, storm sewer, irrigation, etc., typically cannot be located using the above methods due to lack of tracer wire or depth of the utility being beyond the limitations for GPR. In the event we cannot locate these utilities and precise location and depth is needed, vacuum excavation (potholing) or CCTV pipeline inspection would be required and can be provided for an additional fee. ■ Utility Mapping Services Once utilities have been marked, BESS will perform a topographic survey of the area of interest to document the utilities using a combination of RTK GPS, Robotic Total Station, IPS2 Mobile LiDAR, FARO X300 scanner, IDS Stream EM (GPR utility mapper) and UAV Photogrammetry for the data collection. Client must specify Coordinate system or provide local horizontal and vertical site control point data otherwise data will be provided on an assumed local datum. BESS will provide either a shape file or AutoCAD drawing done to BESS drafting standards, unless otherwise specified by the client and agreed upon. BESS will also provide a PDF or TIF file of the AutoCAD drawing printable to scale on our standard title block. Point cloud, 3D terrain models and 3D utility models are not included in the pricing. Page 1 of 3 Quote No.: CM -0926-02 September 26, 2019 Exclusions The following are specifically excluded from our scope of services: ■ Permitting ■ Inspection Fees ■ Traffic Control Plans ■ Removal of locate and/or USA markings ■ Additional utility potholes and/or crew hours without written approval ■ Any services not specifically addressed within the Scope of Services above without written approval.) Fee Proposal BESS proposes to perform the above referenced scope of services for the following fees: ■ Utility Designation Services $ 1,750 ■ Survey paint mark locations (provided in CAD file) $1,570 Rates used for fees above are: ® Standard ❑ Prevailing Wage ❑ Night Rate ❑ Weekend Rate 7 Overtime Requests for additional services by written approval will be billed on a time and materials basis according to the attached fee schedule or based upon an approved scope and fee amendment. Rates and Reimbursable Expenses ■ Overtime applies after 8 hours of work and weekends. ■ Hourly rates are portal to portal from our nearest office, unless specified otherwise. ■ Hourly rates apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM). ■ Prevailing wage and night rates will apply when necessary. ■ Mileage expenses, if applicable, shall not exceed the rate established by the IRS for the current year. ■ Lodging and meals, when necessary, will be charged at cost plus 10%, unless specified otherwise. ■ Outside reproductions, shipping, services and consultants will be charged at cost plus 10%. ■ Cost of normal field supplies are included in the hourly rates. Schedule BESS will perform the work described in the above Scope of Services as expeditiously as practical, weather permitting, to meet a mutually agreed schedule upon receipt of your written authorization to proceed. Utility locating services will begin within 72 hours from authorization to proceed. Please allow 2 to 3 working days from the completion of field activities for receipt of deliverables. Attachments The following documents are attached hereto and incorporated herein by reference: M Authorization / Notice to Proceed ® Exhibit map designating project limits M BESS Standard Agreement M BESS Fee Schedule If acceptable, sign and return one (1) copy of the attached Authorization for our files. We look forward to working with you on this project and appreciate the opportunity to provide you with this proposal. If you have any questions or need additional information, please feel free to contact me. Respectfully, Chris Muzny, PLS Director of Mapping Bess Testlab, Inc. chris@besstestlab.com Cell: (559) 832-6726 Page 2 of 3 Quote No.: CM -0926-02 September 26, 2019 Acceptance Our receipt of the executed copy of this proposal will serve as our Notice to Proceed. This proposal is valid for thirty (30) days from the date of the proposal. If the proposal is not accepted within thirty (30) days, we reserve the right to revise or withdraw the proposal entirely at our discretion. Prior to the commencement of work, BESS shall be provided with the following: 1. Preliminary Lien information including owner name and address 2. Provide a single point of contact for project 3. Any special conditions and or work restrictions on project and or project area 4. Soils report if available 5. Coordinate access to restricted areas when necessary 6. Reasonable advance notice of any potential project delays 7. Copy of Prevailing wage rates, if required, prior to authorization of contract 8. Name and address where to submit invoicing 9. Payment 60 days net or within 10 days of receipt of payment Authorization / Notice to Proceed I, the undersigned, have read, reviewed and accept the attached proposal, including attachments, and authorize Bess Testlab, Inc. to proceed with the work described above as witnessed and attested by my signature below. Kristine Pillsbury / CSWIST2 By: (Print or Type Name) (Signature) Title: Page 3 of 3 Date: _ AF C: LOCO LO, cu CL �f 'a Ln N F • ti , w� �. I h . . c Ln 15 V � 16 s • � S t S+l E � 4 , � yf�h t � Y� S � r4 t� • [j$4 1 l •Tu r f r�' , } 1 '6 'Ja •. H �•. _ ^ Cir .E 1 \NII y ' nk .��lye fT•j�'; a, i,4 ., iii � y � . 11 1'1 s4J .X �' .. 4�:.'�I..' �i:� _ x .yxy •i q, 31, 4 �v1I ;� � � ... sir �.�; S. ::��� + v r�$ •'� ^ �i'� +� AWL Hayward (Corporate) (Fresno I Los Angeles) T. (408) 988-01011 F. (408) 988-0103 Utility Locating - Ground Penetrating Radar (GPR) - Electromagnetic Pipe Locators IffilEBOStructural Concrete Scanning - Potholing Vacuum Excavation - CCN Pipe Inspection T E ST LA B , INC. Mobile LiDAR Scanning - 3D Scanning - 3D Utility Mapping - www.besstestlab.com Attachment - Hourly Fee Schedule 2019 Proiect Coordination and Processing Standard Rate Prevailing Rate • Project Management $145.00 • Project Coordination $125.00 • Licensed Professional (Civil / Surveyor / Geophysicist) $155.00 • LiDAR / UAV / Geophysical Data Processing and Extraction $95.00 • CAD Technician $95.00 • Reports / Sketches / Clerical $95.00 • Data Processing and Extraction $125.00 Utility Location • 1 -Person Utility Designation w/ GPR & EM Pipe Locator $175.00 $175.00 • 2 -Person Utility Designation w/ Multi Antenna GPR $310.00 $310.00 Potholing and Vacuum Excavation • 2 -Person Utility Potholing w/ air vacuum truck $295.00 $295.00 • 1 -Person Utility Potholing w/ hydro vacuum truck $275.00 $275.00 • 2 -Person Utility Potholing w/ hydro vacuum truck $360.00 $360.00 • 2 -Person Key Hole & Surface Restoration w/ equipment $270.00 $270.00 Traffic Control • 1 -Person Traffic Control w/ arrow truck $145.00 $145.00 • 2 -Person Traffic Control w/ arrow truck $230.00 $230.00 • 1 -Person Flagger / TC Helper $110.00 $110.00 GPR Concrete Scanning and Coring • 1 -Person GPR Concrete Scanning w/ equipment $187.50 $217.50 • 1 -Person Saw Cutting & Coring w/ equipment $145.00 $165.00 CCN Camera - Video Inspection • 2 -Person CCN Pipe Inspection w/ Main Line Crawler Unit $295.00 $295.00 • 2 -Person CCN Pipe Inspection w/ Lateral Line Push Unit $295.00 $295.00 • 2 -Person Hydro Flushing w/ hydro vacuum truck $325.00 $325.00 Surveying and Mapping • 1 -Person Survey Crew - GPS / Robotic / 3D Scanner $175.00 $205.00 • 2 -Person Survey Crew - GPS / Robotic / 3D Scanner $250.00 $290.00 • 2 -Person Survey Crew- Mobile WAR Scanner $325.00 $350.00 • 2 -Person Survey Crew - UAV Data Collection $250.00 $290.00 Other, Reimbursable and Direct Costs • 1 -Person General Labor Hourly Rate $110.00 • 1 -Person Travel Rate, charged from closest dispatch location $ 75.00 • Traffic Control Plans - non -stamped (per sheet) $300.00 • Traffic Control Plans - Stamped (per sheet) $600.00 • Mileage, if applicable Current IRS Rate • Lodging and meals, applies when over 50 miles Current GSA Rate +10% • Off -Road Vehicle Rental Cost +10% • Outside reproductions, shipping, services and consultants Cost +10% • Special backfill and resurfacing materials Cost+10% • Cost of normal field supplies are included in the above rates. Notes: • Over time applies after 8 hours of work and weekends. • Rates above apply to day shift (typical BESS day shift hours are 7:00 AM to 3:30 PM). • Night rate applies outside of normal shift hours. • Overtime after 8hrs up to 12hrs and Saturdays, rate is 1.3 times those shown above. • Overtime after 12hrs, Sundays and Holidays, rate is 1.6 times those shown above. These rates represent maximum rates to be charged for services. All rates are subject to change. BESS TESTLAB, INC. STANDARD AGREEMENT PROVISIONS AND CONDITIONS DESCRIPTION OF SERVICES: A. BASIC SERVICES. This contract provides for the performance of services referred to herein as Basic Services. The requirements for performance of said services are limited to those services explicitly stated in this Agreement for Utility Potholing and/or Locating Services. B. ADDITIONAL SERVICES. Any services which may be required after the commencement of the Project and that are not covered In the Agreement, shall be in addition to the Basic Services. Any Additional Services shall qualify for additional compensation at current rates. Any services needed to modify specifications or plans, originally produced as specified in the Contract Documents, in order to br'ng the construction cost within any limitation established by Client (based on bonafide bid prices) will be considered Additional Services and paid for as such by Client. C. ADDITIONAL WORK AUTHORIZED IN WRITING. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, in one or more of the following ways: 1. Field Order approved in writing by both parties; 2. Drawing or sample approved in writing by both parties. 3. Issuance of written interpretation of clarification approved in writing by both parties. D. EXCLUSIONS. Unless specifically included in the Basic Services or authorized as Additional Services, the following items are not included: 1. Any work associated with sewage treatment facilities. 7. Any work associated with a Development of Regional 2. Any work associated with water treatment facilities. Impact study. 3. Any work associated with archaeological, biological, 6. Topographic and tree survey. ecological or environmental studies. 9. Architectural services. 4. Redesign due to changes imposed upon us by Client 10. Soils investigation and testing. or which may be required in the event additional laws, 11. Dredge and fill permits. regulations or policies and promulgated by governmental 12. Restaking. agencies subsequent to the dale of this Agreement. 13. Rezoning and/or land use plan amendment. 5. Preparation of landscape and irrigation plans. 14. All permit fees, filing fees, search fees, prints or other 6. Any requested changes after design is complete or out-of-pocket expenses. partially complete. 15. Participation in any litigation. STANDARD PROVISIONS: A. PROPOSAL EXPIRATION DATE. This proposal will remain valid for a period of ninety (90) days (unless otherwise stated) from the date of this Agreement. The rales and prices quoted on the Project are firm for a period not to exceed one (1) year. Any work required to be performed after that date may have costs adjusted to reflect the prevailing rates at that period of time. B. INSURANCE REQUIRED. The Bess Testlab, Inc. shall carry, at all times, and on all operations hereunder, Workers, Compensation insurance and general and automobile liability insurance. C. LIMITATIONS OF RESPONSIBILITY. 1. Neither Bess Tesgab, Inc. authority to act under this Agreement of elsewhere in the Contract Documents or any decisions made by Bess Testlab, Inc. in good faith either to exercise or not exercise such authority shall give rise to any duly or responsibility of Bess Testlab. Inc. to any Contractor, and Subcontractor, and supplier, or any other person or organization performing any of the Work, or any surety for any of them. 2. Whenever in the Contract Documents the terms as ordered, as directed, as required, as allowed, as approved, or terms of Ilke effect or import are used, or the adjectives reasonable, suitable, acceptable, proper, or satisfactory, or adjectives of like effect or import are used to describe a requirement, direction, review, or judgment of Bess Testlab, Inc. as to the Work, it is intended that such requirement, direction, review, or judgment will be solely to evaluate the Work for general compliance with the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to Bess Testlab, Inc. any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions in previous paragraphs. 3. Bess Testlab, Inc. will not be responsible for Contractor, s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, and Bess Testlab, Inc. will not be responsible for Contractor, s failure to perform or finish the Work in accordance with the Contract Documents. 4. Bess Testlab, Inc. will not be responsible for the acts of omissions of Contractor or any Subcontractor, and Supplier, or of any other person or organization performing or furnishing any of the Work. 5. Payment cannot be withheld for the poor performance of others. Bess Testlab, Inc. is entitled to prompt payment for services rendered regardless of the quantity or quality of work performance by any other Contractor engaged as part of this Project. Poor performance by others shall not be the basis for suspension of payment to Bess Testlab, Inc. 6. It is necessary that Bess Testlab, Inc. be advised in writing at an early date or there are budgetary limitations for the overall Project Cost or Construction Cost. Bess Testlab, Inc. will endeavor to work within those limitations. If requested, and Bess Testlab, Inc. is compensated as Additional Services, Bess Testlab, Inc. will submit opinions as to the probability of completing construction within the budget and, where appropriate, suggest an adjustment in the budget or a revision in the extent or quality of the Project. The Client hereby acknowledges that estimates of probable construction costs cannot be guaranteed, and such estimates are not to be construed as a promise to design facilities within a cost limitation. If greater assurance as to probable construction costs is necessary, or if formal estimates are required, an independent cost estimator should be employed. 7. Bess Testlab, Inc. provides Ground Penetrating Radar (GPR) services. Bess Testlab, Inc. cannot guarantee it will be able to locate all utilities or other objects on site. The decision to proceed with cutting, coring, drilling, boring, or excavation is left entirely up to the customer. D. HAZARDOUS SUBSTANCE. It is understood and agreed that in seeking the professional services of Bess Testlab, Inc. under this Agreement, the Client does not request Bess Testlab, Inc. to undertake uninsurable or potentially uninsurable obligations for the Client, s benefit involving or related in any manner to hazardous substances. Therefore, Bess Testlab, Inc. undertakes no such obligation hereunder, and the Client agrees to hold harmless, indemnify, and defend Bess Testlab, Inc. from and against any and all claims, losses, damages, liability and costs arising out of or in any way connected with the presence, discharge, release or escape of contaminates or hazardous substances of any kind, or environmental liability of any nature, in any manner related to services performed by Bess Testlab, Inc. under this Agreement. E. NOTIFICATION OF DEFECTS. In order to mitigate losses from any claimed deficiency in the service(s) rendered by Bess Testlab, Inc. notification must be promptly given of such claimed deficiencies. F. TERMINATION OF AGREEMENT. 1. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initialing the termination. 2. This Agreement may be terminated by the Client upon at least seven (7) days written notice to Bess Testlab, Inc. in the event that the Project is permanently abandoned. 3. In the event of termination not the fault of Bess Testlab, Inc., Bess Testlab, Inc. shall be compensated for all services (Basic Services and Additional Services) performed to termination dale, together with any Reimbursable Expenses then due and Termination Expenses of ten percent (10%) of unbilled fees. 3. RIGHTS. Failure of either party to enforce any of its right hereunder shall not constitute a waiver of such rights, or any other rights hereunder. H. MISCELLANEOUS PROVISIONS. 1. Bess Testlab, Inc. shall not be liable for failure to perform or for delay in performance of this contract due to fire, flood, strike, to other labor difficulty, act of any governmental authority, riot, embargo, car shortage, wrecks or delay in transportation, or any other unavoidable and unforeseeable cause beyond the reasonable control of either party. 2. This Agreement shall be governed by the laws of the State of California. 3. As to all acts or failures to act by either party to this Agreement, any applicable statute of limitations shall commence to run and any alleged cause of action shall be deemed to have occurred in any and all events not later than the relevant Date of Substantial Completion of the Work, and as to any acts or failures to act occurring after the relevant Date of Completion, not later than the Date of Issuance of the Final Certificate for Payment. 4. The Client and Bess Testlab, Inc., respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such party with respect to all covenants of this Agreement. Neither Client nor Bess Testlab, Inc. shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. 5. As a part of this Agreement, Bess Testlab, Inc. will be allowed to post an aesthetically pleasing sign of appropriate size and professional appearance on the Project site showing scope of services being provided and identifying the Project. 6. This Agreement represents the entire integrated agreement between the Client and Bess Testlab, Inc. and supercedes all prior negotiations, representations BESS DOC No JB5212019 R5 or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both the Client and Bess Testlab, Inc. 111. DOCUMENTATION AND WORK PROJECT: A. OWNERSHIP OF WORK PROJECT. All original sketches, tracings, drawings, computations, details, design calculations and other documents and plans that result from Bess Testlab, Inc. services under this Agreement are and remain the property of Bess Testlab, Inc. as instruments of service. Where such documents are required to be filed with governmental agencies, Bess Testlab, Inc. will furnish copies to the Client upon request. B. REUSE OF DOCUMENTS. All documents including drawings and specifications prepared by Bess Testlab, Inc. pursuant to this Agreement are instruments or service in respect to the Project. They are not intended for, or represented to be suitable for, reuse by the Client or to others on extensions of the Project or on any other project. Any reuse without written verification or adaptation by Bess Testlab, Inc. for the specific purposes intended will be at Client, s sole risk and without liability or legal exposure to Bess Testlab, Inc. Client shall indemnify and hold Bess Testlab, Inc. harmless from all claims, damages, losses and expenses including all attorney, s fees, trials or appeals arising out of or resulting from any reuse. Any such verification or adaptation for use on extensions of the Project or any other project will entitle Bess Testlab, Inc. to further compensation at rates to be agreed upon by Client and Bess Testlab, Inc. IV. AGENCY AND THIRD PARTIES: A. AGENCY POWER FOR PERMITS, ETC. Bess Testlab, Inc. personnel assigned to the Project are authorized by the Client to serve as his Agent in making application for permits. B. RELATIONSHIP WITH OTHER CONSULTANTS. Where other consultants are assigned to this Project by the Client, Bess Testlab, Inc. is authorized to work directly with said consultants, as required, to perform the service(s) outlined herein. The Client shall insure that such other consultants will be available to Bess Testlab, Inc. as required. C. ADDITIONAL CONSULTANTS. Bess Testlab, Inc. shall obtain separate authorization from the Client before obtaining any required sub -consultants other than those required to perform the Basic Services and/or Additional Services specifically slated in the Agreement or any amendment thereto. V. BASIS AND CONDITION OF PAYMENTS: A. MONTHLY INVOICES. Payments for Basic Services shall be billed on a monthly basis for work performed to dale and shall be in proportion to services performed. Included in this billing shall be any charges for Additional Services and for Reimbursable Expenses as defined in Paragraph B below. B. REIMBURSABLE EXPENSES. Include actual expenditures made by Bess Testlab, Inc. in the interest of the Project. These expenses may include any of the following: 1. Expense of any additional insurance coverage or limits, including professional liability insurance in excess of that normally carried by Bess Testlab, Inc., and Bess Testlab, Inc. consultants; 2. Renderings and models requested by the Client; 3. Expense of overtime work requiring higher than regular rates; 4. Fees paid for securing permits, licenses and other approval of authorities having jurisdiction over the Project; 5. Other out-of-pocket expenses including, but not limited to, Professional Associates (whose expertise is required to complete the Project), travel expenses (lodging, meals, etc.), job-related mileage, long distance telephone calls, printing, computer time charges, fax charges, etc., the charges for which shall include an administrative charge of fifteen percent (15%). C. TERMINATION EXPENSES. If the Project is suspended or abandoned in whole or in part for more than three months, Bess Testlab, Inc. shall be compensated for all services performed prior to receipt of written notice from the Client of such suspension or abandonment, together with Reimbursable Expenses then due and all Termination Expenses as defined in STANDARD PROVISIONS, Paragraph G.3. If the Project is resumed after being suspended for more than three months, Bess Testlab, Inc. compensation shall be equitably adjusted. D. INTEREST AND COLLECTION COSTS. 1. Late Payments: If Client fails to make any payment due to Bess Testlab, Inc. for services and expenses within thirty (30) days after receipt of Bess Testlab, Inc. invoice, the amounts due to Bess Testlab, Inc. shall include a finance charge of 1.5 percent per month, or eighteen percent (18%) per annum, from said 30th day. 2. Should it be necessary to collect this account through an attorney, Client agrees to pay all costs of collection, including any reasonable attomey, s fees, or fees for trials or appeals. 3. All paid when paid contracts will be limited to 90 days maximum from the dale we submit our invoice. Finance charges per section V. D.1. applies from said 90TH day. VI. UTILITY POTHOLING AND LOCATING TECHNICAL STANDARDS: A. UTILITY POTHOLES. Information obtained by direct exposure of the existing utilities can greatly increase the level of confidence with respect to the location of underground utilities at a particular job -site. Utility exposure (Utility Pothole) permits three-dimensional measurements, in relation to the existing surface elevation and surface features, to be taken on utilities for accurate location at each pothole. The overall level of confidence with respect to the location of site utilities can be raised by increasing the number of potholes examined; however, Bess Testlab, Inc. provides no guarantee of the location of utilities on the site other than at the locations where potholes have been performed. B. UTILITY LOCATING. Utility locating services include the horizontal, above ground detection and marking of underground utilities. Geophysical prospecting methods are used to indicate the presence and surface position of buried utilities. Utility locating information should not be used for construction purposes, or where exact horizontal and vertical measurements are required. 1. The accuracy of utility locating designating and depth of cover readings obtained by utilizing Geophysical and Ground Penetrating Radar equipment and techniques are subject to field and soil conditions beyond our control. Bess Testlab, Inc. will make reasonable efforts to provide comprehensive and correct positional utility marks to the limits obtainable by the instrumentation used and the existing ground conditions; however, Bess Testlab, Inc. provides no guarantee that all existing utilities on a particular site will be properly located using these methods. C. Utilizing Bess Testlab, Inc. utility locating and/or utility potholing services does not relieve any party from their obligation to contact the utility damage prevention system before digging begins. D. Utility marks placed on the ground by Bess Testlab, Inc. are not to be used for construction purposes. E. Bess Testlab, Inc. do not conduct a study, investigation, analysis. or interpretation of soil composition soil conditions or other aspects of the physical earth. We report retrieved data only. We do NOT provide geophysical geological or engineering services. Please contact a geophysicist geologist, or engineer if you are seeking the provision of geophysical, geological or engineering services. BESS DOC No JB5212019 R5 RAFq�� 1 yo /ry WITH I" CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Public Works Project Manager: Faby Guillen-Urfer Extension: 3435 Contractor Name: CSW/Stuber-Stroeh Engineering Group, Inc. Contractor's Contact: Kristine Pillsbury Contact's Email: kristinep@cswst2.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager Click here to ❑ enter a date. b. Email contract (in Word) and attachments to City 10/10/2019 IK Attorney c/o Laraine.Gittens@cityofsanrafael.org 2 City Attorney a. Review, revise, and comment on draft agreement 10/28/2019 ® LG and return to Project Manager 10/28/2019 ® LG b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor 3 Approval of final agreement form to send to Click or tap ❑ contractor to enter a Project Manager Forward three (3) originals of final agreement to date. 4 Click here to ❑ contractor for their signature enter a date. 5 Project Manager When necessary, contractor -signed agreement ® N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 Click here t, Date of City Council approval enter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 6 Project Manager Forward signed original agreements to City 11/4/19 Attorney with printed copy of this routing form 7 City Attorney Review and approve hard copy of signed City Attorney agreement Review and approve insurance in PINS, and bonds �s 8 (for Public Works Contracts) / A -XJ 9 City Manager/ Mayor Agreement executed by City Council authorized j J City Clerk official lv b 10 Attest signatures, retains original agreement and forwards copies to Project Manager I