HomeMy WebLinkAboutCA Geologic and Geotechnical Engineering ServicesMILLER PACIFIC
- fN61N11RIN6 GROUP
September 4, 2019
File: 19-10613pro.doc
Rob Epstein, Esq.
San Rafael City Attorney
1400 Fifth Avenue
San Rafael, CA 94901
Re: Geologic and Geotechnical Engineering Services
90 Irwin and 24 Glenaire
San Rafael, California
Introduction
Based on our recent meetings and discussion, we are pleased to propose our geologic and
geotechnical engineering services regarding evaluation and potential expert services in regards
a retaining wall and slope failure which occurred during the February 2019 winter storms at 90
Irwin and 24 Glenaire in San Rafael, California. The purpose of our services is to evaluate site
conditions and perform geotechnical analyses in order to provide our geotechnical opinions for
winterization measures and possible expert services if needed.
Scope of Services
The anticipated scope of services will include a review of new project documents, examination of
current site conditions, project meetings, supplemental analyses, and preparation of geotechnical
memo regarding underpinning and winterization measures. We will provide geotechnical
consultation and expert services, as requested, during the legal process.
Fee Estimate and Agreement
We will provide our services on a time and expense basis in accordance with the attached
Agreement for Professional Services and Schedule of Charges. We roughly estimate our fee for
site inspection, document review, analyses and geotechnical evaluation would be approximately
$3,500. Budget for forensic services including attendance at mediation, depositions, preparing
exhibits and trial testimony would need to be developed following the geotechnical evaluation.
We trust that this provides the information required at this time. If you have further questions,
please do not hesitate to call. To authorize our services, please return one complete signed copy
of the attached Agreement.
Yours very truly,
MILLER PACIFIC ENGINEERING GROUP
jf��—
Scott Stephens
Geotechnical Engineer No. 2398
(Expires 06/30/21)
Attachments: Agreement with Schedule of Charges
504 Redwood Blvd., Suite 220 ■ Novato, California 94947 ■ T (415) 382-3444 F (415) 382-3450
OILIER PACIFIC
ENfiIN11RIN6 GROUP
AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES
This AGREEMENT is made between MILLER PACIFIC ENGINEERING GROUP ("MPEG'), a California
Corporation, and the CLIENT to provide Professional Engineering and Testing Services with respect to the
PROJECT, with the following GENERAL CONDITIONS and for the FEE as described below and on the
attached pages.
1.0 CLIENT NAME: Rob Epstein, Esq.
San Rafael City Attorney
ADDRESS.-
CLIENT
DDRESS:CLIENT #:
2.0 PROJECT:
LOCATION -
3.0
4.0
1400 Fifth Avenue
San Rafael, CA 94901
PW2019-10613
90 Irwin and 24 Glenaire
San Rafael, California
SCOPE OF SERVICES: Geotechnical Engineering Services as outlined in our proposal
letter dated September 4, 2019:
Phase 1 — Review of new project documents, examination of
current site conditions, project meetings,
supplemental analyses, and preparation of
geotechnical memo regarding underpinning and
winterization measures
FEE: Phase 1 — Time & Expense Estimate ....................................$3,500
DATE: 09/04/2019 FOR MPEG:
Scott
DATE: I Q FOR CLIENT:
nical Engineer No. 2938
THIS PRIQSAL IS ILID FOR 60 DAi'S ROM THE PROPOSAL DATE.
r
AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES April 2019
Page 1 of 8
504 Redwood BI%d . Suite 220 ■ Novato. California 94947 ■ T (415) 382-3444 1= (415) 382-3450
GENERAL CONDITIONS
1. DEFINITIONS
1.1. Contract Documents. Plans, specifications, and
agreements between Client and Contractors, including
addenda, amendments, supplementary instructions, and
change orders.
1.2. Contractor. The contractor or contractors retained
to construct the Project for which MPEG is providing
Services under this Agreement.
1.3. Day(s). Calendar day(s) unless otherwise stated.
1.4. Hazardous Materials. The term Hazardous
Materials means any toxic substances, chemicals,
radioactivity, pollutants or other materials, in whatever
form or state, known or suspected to impair the
environment in any way whatsoever. Hazardous
Materials include, but are not limited to, those substances
defined, designated or listed in any federal, state or local
law, regulation or ordinance concerning hazardous
wastes, toxic substances or pollution.
1.5. Services. The Services provided by MPEG as set
forth in this Agreement, the Scope of Services, and any
written amendment to this Agreement.
1.6. Work. The labor, materials, equipment, and
services required to complete the work described in the
Contract Documents.
2. SCOPE OF SERVICES
MPEG will perform the scope of Services per Page 1 of
the agreement.
2.1. Changes in Scope. If MPEG provides Client with
a written confirmation of a change in the Scope of
Services, it will become an amendment to this Agreement
unless Client objects in writing within 5 business days
after receipt. All Services performed by MPEG on the
Project are subject to the terms and limitations of this
Agreement. If Services are performed, but the parties do
not reach agreement concerning modifications to the
Scope of Services or compensation, then the terms and
limitations of this Agreement apply to such Services,
except for the payment terms. The parties agree to
resolve disputes concerning modifications to scope or
compensation pursuant to Section 19, "Disputes."
2.2. Licenses. MPEG will procure and maintain
business and professional licenses and registrations
necessary to provide its Services.
2.3. Excluded Services. MPEG's Services under this
Agreement include only those Services specified in the
Scope of Services.
2.3.1. General. Client expressly waives any claim
against MPEG resulting from its failure to perform
recommended additional Services that Client has not
authorized MPEG to perform, and any claim that MPEG
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failed to perform services that Client instructs MPEG not
to perform.
2.3.2. Biological Pollutants. MPEG's Scope of
Services specifically excludes the investigation,
detection, prevention or assessment of the presence of
Biological Pollutants. The term "Biological Pollutants"
includes, but is not limited to, molds, fungi, spores,
bacteria, viruses, and/or any of their byproducts.
MPEG's Scope of Services will not include any
interpretations, recommendations, findings, or
conclusions pertaining to Biological Pollutants. Client
agrees that MPEG has no liability for any claims alleging
a failure to investigate, detect, prevent, assess, or make
recommendations for preventing, controlling, or abating
Biological Pollutants. Furthermore, Client agrees to
defend, indemnify, and hold harmless MPEG from all
claims by any third party concerning Biological Pollutants,
except for damages caused by MPEG's sole negligence.
3. PAYMENTS TO MPEG
3.1. Basic Services. MPEG will perform the Services
set forth per the Scope of Services for the Fee and per the
Schedule of Charges shown on Page 1 and Page 8 of this
Agreement.
3.2. Additional Services. Any Services performed
under this Agreement, except those Services expressly
identified in the attached Scope of Services, will be
provided on a time and materials basis unless otherwise
specifically agreed to in writing by both parties.
3.3. Estimate of Fees. MPEG will, to the best of its
ability, perform the Services and accomplish the
objectives defined in this Agreement within any written
cost estimate provided by MPEG. Client recognizes that
changes in scope and schedule, and unforeseen
circumstances can all influence the successful completion
of Services within the estimated cost. The use of an
estimate of fees or of a "not to exceed" limitation is not a
guarantee that the Services will be completed for that
amount; rather, it indicates that MPEG shall not incur fees
and expenses in excess of the estimate or limitation
amount without obtaining Client's agreement to do so.
3.4. Rates. Client will pay MPEG at the rates set forth
in the Schedule of Charges.
3.4.1. Changes to Rates. Client and MPEG agree
that the Schedule of Charges is subject to periodic review
and amendment, as appropriate to reflect MPEG's current
fee structure. Unless Client objects in writing to the
proposed amended fee structure within 30 days of
invoice, the amended fee structure will be incorporated
into this Agreement and will then supersede any prior fee
structure. If Client timely objects to the amended fee
structure within 30 days, and MPEG and Client cannot
agree upon a new fee structure within 30 days after
notice, MPEG may terminate this Agreement and be
AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES April 2019
Page 2 of 8
compensated as set forth under Section 18,
"Termination."
3.4.2. Prevailing Wages. Unless Client specifically
informs MPEG in writing that prevailing wage regulations
cover the Project and the Scope of Services identifies it
as covered by such regulations, Client will reimburse,
defend, indemnify and hold harmless MPEG from and
against any liability resulting from a subsequent
determination that prevailing wage regulations cover the
Project, including all costs, fines and attorneys' fees.
3.5. Payment Timing; Late Charge. All invoices are
due upon receipt. All amounts unpaid 30 days after the
invoice date will include a late payment charge from the
date of the invoice, at the rate of 1-1/2% per month or the
highest rate permitted by law.
4. STANDARD OF PERFORMANCE; DISCLAIMER OF
WARRANTIES
4.1. Level of Service. MPEG offers different levels of
Services to suit the desires and needs of different clients.
Although the possibility of error can never be eliminated,
more detailed and extensive Services yield more
information and reduce the probability of error, but at
increased cost. Client must determine the level of
Services adequate for its purposes. Client has reviewed
the Scope of Services and has determined that it does not
need or want a greater level of Services than that being
provided.
4.2. Standard of Care. Subject to the limitations
inherent in the agreed Scope of Services as to the degree
of care, the amount of time and expenses to be incurred,
and subject to any other limitations contained in this
Agreement, MPEG will endeavor to perform its Services
consistent with that level of care and skill ordinarily
exercised by other professional practicing in the same
locale and under similar circumstances at the time the
Services are performed.
4.3. No Warranty. No warranty, express or implied, is
included or intended by this Agreement.
5. ESTIMATE OF CONSTRUCTION COSTS
Client acknowledges that construction and project
development are subject to many influences that are not
subject to precise forecasting and are outside of MPEG's
control. Client further acknowledges that actual costs
incurred may vary substantially from the estimates
prepared by MPEG and that MPEG does not warrant or
guaranty the accuracy of construction or development
cost estimates.
6. CONSTRUCTION PHASE SERVICES
If MPEG's Scope of Services includes observation and/or
testing during the course of construction, the following
conditions apply.
AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES
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fN61NEERIN6 GROUP
6.1. Construction Observation.
6.1.1. Site Meetings & Visits. MPEG will participate
in job site meetings as requested by Client, and, unless
otherwise requested by Client, visit the site at times
specified in the Scope of Services or, if not specified in
the Scope of Services at intervals as MPEG deems
appropriate to the various stages of construction to
observe the geotechnical conditions encountered by
Contractor and the progress and quality of the
geotechnical aspects of the Work. Based on information
obtained during such visits and on such observations,
MPEG may inform Client of the progress of the
geotechnical aspects of the Work. Client understands that
MPEG may not be on site continuously; and, unless
expressly agreed otherwise, MPEG will not observe all of
the Work.
6.1.2. Contractor's Performance. MPEG does not,
and cannot, warrant or guarantee that all of the
geotechnical Work performed by Contractor meets the
requirements of MPEG's geotechnical recommendations
or the plans and specifications for such geotechnical
Work; nor can MPEG be responsible for Contractor's
failure to perform the Work in accordance with the plans,
specifications or the recommendations of MPEG.
6.1.3. Contractor's Responsibilities. MPEG will not
supervise, direct or have control over the Work nor will
MPEG have authority over or responsibility for the means,
methods, techniques, sequences or procedures of
construction selected by Contractor for the geotechnical
aspects of the Project; for safety precautions and
programs incident to the Work; nor for any failure of
Contractor to comply with Laws and Regulations
applicable to Contractor furnishing and performing its
Work.
6.1.4. Final Report. At the conclusion of
Construction Phase Services, MPEG may provide Client
with a written report summarizing the tests and
observations, if any, made by MPEG.
6.2. Review of Contractor's Submittals. If included in
the Scope of Work, MPEG will review and take
appropriate action on the Contractor's submittals, such as
shop drawings, product data, samples, and other required
submittals. MPEG will review such submittals solely for
general conformance with MPEG's design, and will not
include review for the following, all of which will remain the
responsibility of the Contractor: accuracy or
completeness of details, quantities or dimensions;
construction means, methods, sequences or procedures;
coordination among trades; or construction safety.
6.3. Tests. Tests performed by MPEG on finished Work
or Work in progress are taken intermittently and indicates
the general acceptability of the Work on a statistical basis.
MPEG's tests and observations of the Work are not a
guarantee of the quality of Work and do not relieve other
parties from their responsibility to perform their Work in
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accordance with applicable plans, specifications and
requirements.
7. CLIENT'S RESPONSIBILITIES
In addition to payment for the Services performed under
this Agreement, Client agrees to:
7.1. Cooperation. Assist and cooperate with MPEG in
any manner necessary and within its ability to facilitate
MPEG's performance under this Agreement.
7.2. Representative. Designate a representative with
authority to receive all notices and information pertaining
to this Agreement, communicate Client's policies and
decisions, and assist as necessary in matters pertaining
to the Project and this Agreement. Client's representative
will be subject to change by written notice.
7.3. Rights of Entry. Provide access to and/or obtain
permission for MPEG to enter upon all property, whether
or not owned by Client, as required to perform and
complete the Services. MPEG will operate with
reasonable care to minimize damage to the Project
Site(s). However, Client recognizes that MPEG's
operations and the use of investigative equipment may
unavoidably alter conditions or affect the environment at
the existing Project Site(s). The cost of repairing such
damage will be borne by Client and is not included in the
fee unless otherwise stated.
7.4. Relevant Information. Supply MPEG with all
information and documents in Client's possession or
knowledge which are relevant to MPEG's Services. Client
warrants the accuracy of any information supplied by it to
MPEG, and acknowledges that MPEG is entitled to rely
upon such information without verifying its accuracy. Prior
to the commencement of any Services in connection with
a specific property, Client will notify MPEG of any known
potential or possible health or safety hazard existing on or
near the Project Site, with particular reference to
Hazardous Materials or conditions.
7.5. Subsurface Structures. Correctly designate on
plans to be furnished to MPEG the location of all
subsurface structures, such as pipes, tanks, cables and
utilities within the property lines of the Project Site(s), and
be responsible for any damage inadvertently caused by
MPEG to any such structure or utility not so designated.
MPEG is not liable to Client for any losses, damages or
claims arising from damage to subterranean structures or
utilities that were not correctly shown on plans furnished
by Client to MPEG.
8. CHANGED CONDITIONS
If MPEG discovers conditions or circumstances that it had
not contemplated at the commencement of this
Agreement ("Changed Conditions"), MPEG will notify
Client in writing of the Changed Conditions. Client and
MPEG agree that they will then renegotiate in good faith
the terms and conditions of this Agreement. If MPEG and
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MILLER PACIFIC
EN61N11RIN6 GROUP
Client cannot agree upon amended terms and conditions
within 30 days after notice, MPEG may terminate this
Agreement and be compensated as set forth in Section
18, "Termination."
9. HAZARDOUS MATERIALS
Client understands that MPEG's Services under this
Agreement are limited to geotechnical investigation and
that MPEG has no responsibility to locate, identify,
evaluate, treat or otherwise consider or deal with
Hazardous Materials. Client is solely responsible for
notifying all appropriate federal, state, municipal or other
governmental agencies, including the potentially affected
public, of the existence of any Hazardous Materials
located on or in the Project site, or located during the
performance of this Agreement. The existence or
discovery of Hazardous Materials constitutes a Changed
Condition under this Agreement.
10. CERTIFICATIONS
Client agrees not to require that MPEG execute any
certification with regard to Services performed or Work
tested and/or observed under this Agreement unless: 1)
MPEG believes that it has performed sufficient Services
to provide a sufficient basis to issue the certification; 2)
MPEG believes that the Services performed or Work
tested and/or observed meet the criteria of the
certification; and 3) MPEG has reviewed and approved in
writing the exact form of such certification prior to
execution of this Agreement. Any certification by MPEG
is limited to an expression of professional opinion based
upon the Services performed by MPEG, and does not
constitute a warranty or guaranty, either expressed or
implied.
11. ALLOCATION OF RISK
11.1. Limitation of Liability. The total cumulative
liability of MPEG, its subconsultants and subcontractors,
and all of their respective shareholders, directors, officers.
employees, and agents (collectively "MPEG Entities"), to
Client arising from Services under this Agreement,
including attorney's fees due under this Agreement, will
not exceed the gross compensation received by MPEG
under this Agreement or $50,000, whichever is greater;
provided, however, that such liability is further limited as
described below. This limitation applies to all lawsuits,
claims, or actions for errors or omissions in MPEG's
Services, whether alleged to arise in tort, contract,
warranty, or other legal theory. Upon Client's written
request, MPEG and Client may agree to increase the
limitation to a greater amount in exchange for a
negotiated increase in MPEG's fee, provided that they
amend this Agreement in writing as provided in Section
20.
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11.2. Indemnification.
11.2.1. Indemnification of Client. Subject to the
provisions and limitations of this Agreement, MPEG
agrees to indemnify and hold harmless Client, its
shareholders, officers, directors, employees, and agents
from and against any and all claims, suits, liabilities,
damages, expenses (including without limitation
reasonable attorney's fees and costs of defense), or other
losses (collectively "Losses") to the extent caused by
MPEG's negligent performance of its Services under this
Agreement.
11.2.2. Indemnification of MPEG. Client will
indemnify and hold harmless MPEG Entities from and
against any and all Losses to the extent caused by the
negligence of Client, its employees, agents and
contractors. In addition, except to the extent caused by
MPEG's sole negligence, Client expressly agrees to
defend, indemnify and hold harmless MPEG Entities from
and against any and all Losses arising from or related to
the existence, disposal, release, discharge, treatment or
transportation of Hazardous Materials, or the exposure of
any person to Hazardous Materials, or the degradation of
the environment due to the presence, discharge, disposal,
release of or exposure to Hazardous Material.
11.3. Consequential Damages. Neither Client nor
MPEG will be liable to the other for any special,
consequential, incidental, or penal losses or damages
including but not limited to losses, damages, or claims
related to the unavailability of property or facilities,
shutdowns or service interruptions, loss of use, profits,
revenue, or inventory, or for use charges, cost of capital,
or claims of the other party and/or its customers.
11.4. Continuing Agreement. The indemnity
obligations and the limitations of liability established under
this Agreement will survive the expiration or termination
of this Agreement. If MPEG provides Services to Client
that the parties do not confirm through execution of an
amendment to this Agreement, the obligations of the
parties to indemnify each other and the limitations on
liability established under this Agreement apply to such
Services as if the parties had executed an amendment.
12. INSURANCE
12.1. MPEG's Insurance. MPEG will obtain, if
reasonably available, the following coverages:
12.1.1. Statutory Workers' Compensation/
Employer's Liability Insurance.
12.1.2. Commercial General Liability Insurance with
a combined single limit of $1,000,000 per occurrence and
$2,000,000 general aggregate.
12.1.3. Automobile Liability Insurance, including
liability for all owned, hired and non -owned vehicles with
minimum limits of $1,000.000 for bodily injury per person,
$1,000.000 property damage, and $1,000,000 combined
single limit per occurrence, and,
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12.1.4. MPEG maintains Professional Liability
Insurance for our own benefit.
12.2. Contractor's Insurance. Client or Project Owner
will require owner's Contractor, subcontractors and
consultants to purchase and maintain General Liability,
Builder's Risk, Automobile Liability, Workers'
Compensation, and Employer's Liability insurance with
limits no less than as set forth above.
12.3. Certificates of Insurance. Upon request, MPEG
and Client will each provide the other with certificate(s) of
insurance evidencing the existence of the policies
required herein. Except for Professional Liability and
Workers' Compensation Insurance, all policies required
herein shall contain a waiver of subrogation.
13. OWNERSHIP AND USE OF DOCUMENTS
13.1. Client Documents. All documents provided by
Client will remain the property of Client. MPEG will return
all such documents to Client upon request, but may retain
file copies of such documents.
13.2. MPEG's Documents. Unless otherwise agreed in
writing, all documents and information prepared by MPEG
or obtained by MPEG from any third party in connection
with the performance of Services, including, but not
limited to, MPEG's reports, boring logs, maps, field data,
field notes, drawings and specifications, laboratory test
data and other similar documents (collectively
"Documents") are the property of MPEG. MPEG has the
right, in its sole discretion, to dispose of or retain the
Documents.
13.3. Use of Documents. All Documents prepared by
MPEG are solely for use by Client and will not be provided
by either party to any other person or entity without
MPEG's prior written consent.
13.3.1. Use by Client. Client has the right to reuse
the Documents for purposes reasonably connected with
the Project for which the Services are provided, including
without limitation design and licensing requirements of the
Project.
13.3.2. Use by MPEG. MPEG retains the right of
ownership with respect to any patentable concepts or
copyrightable materials arising from its Services and the
right to use the Documents for any purpose.
13.4. Electronic Media. MPEG may agree at Client's
request to provide Documents and information in an
electronic format. Client recognizes that Documents or
other information recorded on or transmitted as electronic
media are subject to undetectable alteration due to
(among other causes) transmission, conversion, media
degradation, software error, or human alteration.
Accordingly, all Documents and information provided by
MPEG in electronic media are for informational purposes
only and not as final documentation. Unless otherwise
defined in the Scope of Services, MPEG's electronic
Documents and media will conform to MPEG's standards.
April 2019
Page 5 of 8
MPEG will provide any requested electronic Documents
for a 30 -day acceptance period, and MPEG will correct
any defects reported by Client to MPEG during this
period. MPEG makes no warranties, either express or
implied, regarding the fitness or suitability of any
electronic Documents or media.
13.5. Unauthorized Reuse. No party other than Client
may rely and Client will not represent to any other party
that it may rely on Documents without MPEG's express
prior written consent and receipt of additional
compensation. Client will not permit disclosure, mention,
or communication of, or reference to the Documents in
any offering circular, securities offering, loan application,
real estate sales documentation, or similar promotional
material without MPEG's express prior written consent.
Client waives any and all claims against MPEG resulting
in any way from the unauthorized reuse or alteration of
Documents by itself or anyone obtaining them through
client. Client will defend, indemnify and hold harmless
MPEG from and against any claim, action or proceeding
brought by any party claiming to rely upon information or
opinions contained Documents provided to such person
or entity, published, disclosed or referred to without
MPEG's prior written consent.
14. SAMPLES AND CUTTINGS
14.1. Sample Retention. If MPEG provides laboratory
testing or analytic Services, MPEG will preserve such soil,
rock, water, or other samples as it deems necessary for
the Project, but no longer than 45 days after issuance of
any Documents that include the data obtained from these
samples. Client will promptly pay and be responsible for
the removal and lawful disposal of all contaminated
samples, cuttings, Hazardous Materials, and other
hazardous substances.
14.2. Monitoring Wells. Client will take custody of all
monitoring wells and probes installed during any
investigation by MPEG, and will take any and all
necessary steps for the proper maintenance, repair or
closure of such wells or probes at Client's expense.
15. RELATIONSHIP OF THE PARTIES
MPEG will perform Services under this Agreement as an
independent contractor.
16. ASSIGNMENT AND SUBCONTRACTS
Neither party may assign this Agreement, in whole or in
part, without the prior written consent of the other party,
except for an assignment of proceeds for financing
purposes. MPEG may subcontract for the services of
others without obtaining Client's consent if MPEG deems
it necessary or desirable for others to perform certain
Services.
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17. SUSPENSION AND DELAYS
17.1. Procedures. Client may, at any time by 10 days
written notice suspend performance of all or any part of
the Services by MPEG. MPEG may terminate this
Agreement if Client suspends MPEG's Services for more
than 60 days and Client will pay MPEG as set forth under
Section 18, "Termination." If Client suspends MPEG's
Services, or if -Client or others delay MPEG's Services,
Client and MPEG agree to equitably adjust: (1) the time
for completion of the Services; and (2) MPEG's
compensation in accordance with MPEG's then current
Schedule of Charges for the additional labor, equipment,
and other charges associated with maintaining its
workforce for Client's benefit during the delay or
suspension, or charges incurred by MPEG for
demobilization and subsequent remobilization.
17.2. Liability. MPEG is not liable to Client for any
failure to perform or delay in performance due to
circumstances beyond MPEG's control, including but not
limited to pollution, contamination, or release of
hazardous substances, strikes, lockouts, riots, wars, fires,
flood, explosion, "acts of God," adverse weather
conditions, acts of government, labor disputes, delays in
transportation or inability to obtain material and
equipment in the open market.
18. TERMINATION
18.1. Termination for Convenience. MPEG and Client
may terminate this Agreement for convenience upon 30
days written notice delivered or mailed to the other party.
18.2. Termination for Cause. In the event of material
breach of this Agreement, the party not breaching the
Agreement may terminate it upon 10 days written notice
delivered or mailed to the other party. The termination
notice shall state the basis for the termination. The
Agreement may not be terminated for cause if the
breaching party cures the breach within the 10 -day
period.
18.3. Payment on Termination. Following termination
other than for MPEG's material breach of this Agreement.
Client will pay MPEG for Services performed prior to the
termination notice date, and for any necessary Services
and expenses incurred in connection with the termination
of the Project, including but not limited to, the costs of
completing analysis, records and reports necessary to
document job status at the time of termination and costs
associated with termination of subcontractor contracts in
accordance with MPEG's then current Schedule of
Charges.
19. DISPUTES
19.1. Mediation. All disputes between MPEG and
Client are subject to mediation. Either party may demand
mediation by serving a written notice stating the essential
nature of the dispute, amount of time or money claimed,
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and requiring that the matter be mediated within 45 days
of service of notice.
19.2. Precondition to Other Action. No action or suit
may be commenced unless the mediation did not occur
within 45 days after service of notice; or the mediation
occurred but did not resolve the dispute; or a statute of
limitation would elapse if suit was not filed prior to 45 days
after service of notice.
19.3. Choice of Law; Venue. This Agreement will be
construed in accordance with and governed by the laws
of the state in which the Project is located. Unless the
parties agree otherwise, any mediation or other legal
proceeding will occur in the state in which the Project is
located.
19.4. Statutes of Limitations. Any applicable statute
of limitations will be deemed to commence running on the
earlier of the date of substantial completion of MPEG's
Services under this Agreement or the date on which
claimant knew, or should have known, of facts giving rise
to its claims.
20. MISCELLANEOUS
20.1. Integration and Severability. This Agreement
reflects the entire agreement of the parties with respect to
its terms and supersedes all prior agreements, whether
written or oral. If any portion of this Agreement is void or
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EN61NfERIN6 GROUP
voidable, such portion will be deemed stricken and the
Agreement reformed to as closely approximate the
stricken portions as the law allows.
20.2. Modification of this Agreement. This
Agreement may not be modified or altered, except by a
written agreement signed by authorized representatives
of both parties and referring specifically to this
Agreement.
20.3. Notices. Any and all notices, requests,
instructions, or other communications given by either
party to the other must be in writing and either hand
delivered to the recipient or delivered by first-class mail
(postage prepaid) or express mail (billed to sender) at the
addresses given in this Agreement.
20.4. Headings. The headings used in this Agreement
are for convenience only and are not a part of this
Agreement.
20.5. Waiver. The waiver of any term, conditions or
breach of this Agreement will not operate as a subsequent
waiver of the same term, condition, or breach.
End of General Conditions
AGREEMENT FOR PROFESSIONAL ENGINEERING AND TESTING SERVICES Apnl 2019
Page 7 of 8
MILLER PACIFIC
fN61N11RING GROUP
MILLER PACIFIC ENGINEERING GROUP
a California corporation
SCHEDULE OF CHARGES
PROFESSIONAL ENGINEERING AND TESTING SERVICES
Professional and Technical Personnel Hourly Rate
Staff Engineer/Geologist— Level 1-3 ................................. $100 - $110 - $120
Project Engineer/Geologist — Level 1-3 ........................... $130 - $140 - $150
Senior Engineer/Geologist — Level 1-3 .............................$170 - $180 - $190
Associate Engineer/Geologist— Level 1-3 ....................... $205 - $215 - $225
Principal Level 1-3..............................................................$230 - $240 - $250
ProjectAssistant/Word Processor............................................................. $85
Technician Level 1 -3 ............................................................ $95 - $100 - $105
Senior Technician Level 1-3 ............................................. $115 - $120 - $125
PrevailingWage.......................................................................................$145
Other Inside Charges
Mileage...................................................................................... $ 0.80 per mile
Vehicle(Field)................................................................................$9 per hour
Nuclear Density Gage.................................................................... $8 per test
Inclinometer................................................... $160 per day / $90 per half day
Laser Level/Floor Level Equipment ............................................ $25 per day
Sampling and Video Equipment...............................$50 per day / $30 half day
OutsideServices............................................................................................. Cost + 20%
Exploration, drilling equipment and instrumentation, in-situ
monitoring, specialized laboratory testing, per diem, shipping,
courier/delivery services, outside reproduction, and other services and
supplies not normally provided.
*NOTES:
Field site visits and travel time are normal hourly rates, portal to portal.
2. Overtime — Weekday add $35
Overtime — Weekend/Holiday/Night add $45*
*(4 or 8 -hour minimums)
3. Rates are for normal Geotechnical Engineering and Geological
services. Rates for depositions and testimony are $510 per hour for
Principal; $460 per hour for Associate; and $410 per hour for Senior. All
other personnel are $305 per hour. These fees are due and payable at
the time of service.
4. Schedule of charges is effective as of April 2019. It is subject to revision
annually and at other times without notice.
_
AGREEMENT FOR PROFESSIONAL VI
ENGINEERING AND TESTING SERCES A pril 2019
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