CONVERSE CONSULTANTS
Schedule of Fees - Geotechnical Laboratory Testing
Compensation for laboratory testing services will be made in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. The rates are based on non-contaminated soil. A surcharge will be charged for handling contaminated material, which will be determined based on the project.
IDENTIFICATION AND INDEX PROPERTIES TESTS
Visual Classification, ASTM O2488 ................................... 20.00 Engineering Classification, ASTM 02487 ......................... 25.00 Moisture Content and Dry (bulk) Density,
ASTM 02216 and 02937 ............................................. 25.00 Moisture Content, ASTM 02216 .................................. 20.00 Shrinkage Limit. ASTM O4943 .......................................... 85.00 Atterberg Limits, ASTM 04318
Several points ............................................................ 150.00 One Polnt ..................................................................... 50.00 Particle Size Analysis, ASTM 06913
Fine Sieve, from +#200 to #4 ..................................... 100.00 Coarse and Fine Sieve, from #200 to 3 in .................. 180.00 Hydrometer ................................................................ 120.00 Percent Passing #200 Sieve, ASTM O1140 ...................... 80.00 Specific Gravity
Fine, passing #4 sieve, ASTM O854 .......................... 100.00 Coarse, retained on #4 sieve, ASTM C127.. .............. 100.00 Sand Equivalent Test, ASTM O2419 ............................... 130.00 Double Hydrometer Dispersion, ASTM O4221 ................ 150.00
COMPACTION AND BEARING STRENGTH
Standard Proctor Compaction, ASTM 0698 or ASTM 01557
Method A or B ............................................................ 200.00 Method C, 6" mold ...................................................... 210.00 California Impact Method, Caltrans 216 .......................... 220.00 R-value, ASTM 02844 and CTM301 ............................... 270.00 California Bearing Ratio (CBR), ASTM 01883
1 Point ........................................................................ 530.00 3 Points ...................................................................... 750.00 Relative Density
0.1 Cubic Foot Mold ................................................... 200.00
0.5 Cubic Foot Mold ................................................... 300.00
SHEAR STRENGTH
Torvane/Pocket Penetrometer .......................................... 25.00 Direct Shear
Quick Test .................................................................... 75.00 Consolidated, Drained, granular soil,
ASTM 03080 ........................................................ 220.00 Consolidated, Drained, fine grained soil,
ASTM 03080 ........................................................ 260.00 Consolidated, Undrained, fine grained soil ................. 220.00 Residual Strength, per cycle ........................................ 70.00 Remolded Specimens .................................................. 70.00
STATIC UNIAXIAL AND TRIAXIAL STRENGTH TESTS
(PER POINT)
Unconfined Compression, ASTM 02166 ........................ 150.00 Unconsolidated, Undrained, ASTM 02850 ..................... 160.00 Consolidated, Undrained, per point ................................ 700.00 Consolidated, Drained, per point .................................... 700.00 With Pore Pressure Measurement, per load ................... 150.00 Remolded Specimen ......................................................... 90.00 CONSOLIDATION (ASTM2435) AND SWELL COLLAPSE
(ASTM D4546) TESTS
8 Load Increments .......................................................... 250.00 Additional Load Increment ................................................ 50.00 Time-Ratio, per load increment... ...................................... 90.00 Single Point, collapse test.. ............................................... 90.00 Converse Consultants GL T2024
Single Load Swell, ASTM 04546
Ring Sample, Field Moisture ......................................... 95.00 Ring Sample, Air Dried ................................................. 95.00 Remolded Sample .............................................................. 70.00 Expansion Index Test, UBC 29-2/ASTM O4829 ................ 130.00
HYDRAULIC CONDUCTIVITY TESTS
Constant Head, ASTM 02434 ........................................... 250.00 Falling Head Flexible Wall, ASTM D5084 ......................... 300.00 Tri axial Permeability, EPA 9100 ........................................ 350.00 Remolded Specimen .......................................................... 60.00
CHEMICAL TESTS
Corrosivity (pH, resistivity, sulfates, chlorides) .................. 220.00 Organic Content, ASTM 02974 ........................................ 100.00 Conditions: Unit rates presented on this fee schedule are for routinely performed geotechnical laboratory tests. Numerous other earth material physical tests can be performed in our geotechnical laboratories, including rock core, soil cement and soil lime mixture tests. Tests not listed can be quoted upon request. This fee schedule is valid through December 31, 2024.
Prices are based on the assumption that samples are uncontaminated and do not contain heavy metals, acids, carcinogens and/or volatile organics which can be measured by an organic vapor analyzer or photoionization detector wilh a concentration greater than 50 parts-per-million (ppm). Quoted testing fees are based on the assumption that no protective clothing will be required to handle samples. If Level D protective clothing will be required during handling of samples (as defined in Federal CFR Part 1910.120), then a 40% increase in fees presented in this schedule will be applied. Level C protective clothing will be a 60% increase in fees. Converse will not handle samples that require either level B or Level A protection in our geotechnical laboratories.
Contaminated samples will be returned to the client. Uncontaminated samples will be disposed of 30 days after presentation of test results. The client must disclose the source of samples. Samples imported from out of state will be incinerated after testing in accordance with requirements of the United States Department of Agriculture. Soil samples obtained within the State of California currently designated quarantine areas will also be incinerated in accordance wilh the requirement of the State of California, Department of Food and Agriculture, Division of Plant Industry, Pest Exclusion. A $5.00 incineration fee will be added to each sample that is required to be incinerated in accordance with State and Federal law.
Test results requiring plots will be presented in a publishable format generated from computer programs. Otherwise, raw test numbers will be presented. A minimum laboratory fee of $50.00 will be charged to present and mail test results. Beyond the standard U.S. Mail delivery, specialized transmittal will be charged at additional cost (e.g., Federal Express, UPS, etc.). Geotechnical testing does not include engineering and/or geologic review and analysis.
Typical turnaround for geolechnical laboratory testing is two weeks (or roughly ten working days). To expedite test turnaround lo five working days, a 50% increase in lhe fees in this schedule will be applied. Many geolechnical tests require at least one week to perform in accordance with ASTM or other standard specifications. Fees presented in this schedule for relatively undisturbed direct shear, consolidation or expansion pressure tests are based on the assumption that 2.416-inch inside diameter brass ring samples will be provided to the geotechnical laboratory for testing. Remolded specimens will
be compacted in standard 2.5-inch outside diameter brass rings for direct shear, consolidation and expansion pressure tests. All fees presented in this schedule are based on the assumption that the client will deliver samples to our laboratory at no additional cost lo Converse.
Invoices will be issued monthly and are payable on receipt unless otherwise agreed upon. Interest of 1.5% per month (bul not exceeding the maximum allowed by law) will be payable on any amount not paid within thirty days; payment thereafter to be applied first to accrued interest and then lo the principle unpaid amount. The Client shall pay any attorneys' fees or other costs incurred in collecting any delinquent amounts.
CONVERSE CONSULTANTS
Schedule of Fees - Materials Laboratory Testing
Compensation for laboratory testing services will be based on rates in accordance with this fee schedule which includes test report(s) and engineering time. Costs of tests not on this schedule will be by quote and/or in accordance with our current hourly fee schedule. Our services will be performed in accordance with the General Conditions. This fee schedule is valid through December 31, 2024.
AGGREGATES
Moisture Content, ASTM D2216 .............................................. 25.00 Particle Size Analysis
Coarse, ASTM C136, each ............................................... 120.00 Coarse and Fine, ASTM C136 & C137), each .................. 180.00 Specific Gravity & Absorption
Coarse Aggregate, ASTM C127 ....................................... 115.00 Fine Aggregate, ASTM C128 ........................................... 175.00 Unit Weight per Cubic Foot, ASTM C29 ............................. 75.00 Soundness, Sodium or Magnesium, ASTM C88, each ..... 550.00 Potential
Alkali Reactivity, ASTM D289 ............................ 700.00 Freeze Thaw Soundness .................................................. 175.00 Los Angeles Abrasion, per class, ASTM C131, C535 ....... 375.00 Sand Equivalent, ASTM D2419 ........................................ 180.00 Lightweight Particles, ASTM C123, each .......................... 300.00 Clay Lumps & Friable Particles, ASTM C142, each .......... 290.00 Stripping Test, ASTM D1664, each .................................... 85.00 Organic Impurities, ASTM C40 ......................................... 140.00 Durability ...................................................................... By Quote
CONCRETE TESTS
Laboratory Trial Batch, ASTM C192 .................................. By Quote Laboratory Mix Design, Historical Data .............................. By Quote Compression Test, 6"x12" Cylinder, ASTM C39, each ............. 45.00 Lightweight Concrete
Compression ...................................................................... 45.00 Unit Weight ......................................................................... 45.00 Specimen Preparation, Trimming or Coring, each ................... 75.00 Bond Strength, ASTM C321
Prepared by Converse ...................................................... 250.00 Prepared by Others .......................................................... 150.00 Core Compression Test, ASTM C12, each ............................ 120.00 Flexure Test, 6"x6" Beams, ASTM C78, each ........................ 130.00 Modulus of Elasticity, Static, ASTM C469, each .................... 275.00 Length Change, ASTM C157, 3 bars, 5 readings each,
up to 26 days .................................................................... 550.00 Splitting Tensile, 6"x12" Cylinders, each ................................ 110.00 Field Concrete Control (sampling, slump, temperature,
cast 4 cylinders, molds, cylinder pick-up, within 10 miles of office, stand-by extra), ASTM/UBC, hourly rate
schedule, or each cylinder .................................................. 95.00 Field Concrete Control (same as above plus air content test), ASTM/UBC, each cylinder. ................................................. 95.00 Hold Cylinder ........................................................................... 10.00 Cylinder Mold, sent to job site but not cast by Converse or returned to Converse ............................................................ 5.00 MASONRY (ASTM C140, E447, UBC STANDARD 24-22)
Moisture Content, as received, each ...................................... 105.00 Absorption, each ...................................................................... 85.00 Compression, each .................................................................. 85.00 Shrinkage, ASTM C426, each ............................................... 250.00 Net Area and Volume, each ..................................................... 30.00 Masonry Blocks, per set of 9 ............................................... 1,500.00 Masonry Core Compression, each ......................................... 125.00 Masonry Core Shear, each .................................................... 245.00 Masonry Core Trimming, each ............................................... 150.00 Compression Test, grouted prisms, 8"x8"x16", each .............. 300.00 Compression Test, grouted prisms, 12"x16"x16", each .......... 425.00 Compression Test
2"x4 • Mortar Cylinder, each ................................................ 45.00 3"x6" Grout Prisms, each .................................................... 45.00 2" Cubes, ASTM C109, each .............................................. 45.00 Cast by Others ......................................................................... 45.00 Mortar or Grout Mix Designs .............................................. By Quote
FIREPROOFING TESTS
Oven Dry Density, per sample ................................................. 80.00 Converse Consultants MTS2024
MOISTURE EMISSION TEST
Moisture Emission Test Kit. ..................................................... 85.00
ASPHAL TIC CONCRETE
Stability, Flow, and Unit Weight, ASTM D6927 ..................... 500.00 Marshall ASTM D1559, ASTM D2726 .................................. .450.00 Measured Maximum Specific Gravity of Mix, ASTM D2041, Rice Method, each .......................................................... 350.00 Void Analysis of Cores or Marshall Specimens,
Calculations Only, ASTM D3203, set of 2 or 3 ................... 60.00 Laboratory Mixing of Asphalt & Concrete, per sample ............. 75.00 Complete Asphalt Concrete Mix Design
Hveem or Marshall ...................................................... By Quote Extraction of Asphalt and Gradation, ASTM D2172, Method B, or California 310, including ash correction, each ............ .455.00 Extraction of Rubberized Asphalt & Gradation, each ............. 350.00 Specific Gravity, ASTM D2726 or ASTM D1188
Uncoated ........................................................................... 95.00 Coated ............................................................................. 125.00 Immersion-Compression ....................................................... 650.00 Particle Coating, ASTM D2489 ............................................... 95.00 Stripping, ASTM D1664 .......................................................... 85.00 Moisture or Volatile Distillates in Paving Mixtures, or Materials Containing Petroleum Products or
By-Products ..................................................................... 350.00 Retained Strength, ASTM D1074/D1075, 6 specimens ..... By Quote Retained Stability, Mil, Std, 520A, Method 104, 6 specimens ................................................................ By Quote CBR, ASTM D1883, including M/D Curve, 1 point ................ 400.00 Asphalt Temperature ............................................................... 15.00
STRUCTURAL STEEL
Tensile Test #9 Bar or Smaller, each ..... ................................. 60.00 Bend Test #9 Bar or Smaller, each ......................................... 60.00 Tensile Test #10 Bar or Greater, each .................................. 300.00 Tensile Test #14 Bar, each ................................................... 330.00 Rebar Coupler Tensile Test .................................................. 160.00 Tensile Test, Welded #9 Bar or Smaller, each ...................... 160.00 Tensile Test, Welded #10 Bar or Greater, each .................... 300.00 Tensile Test, Welded #14 Bar, each ..................................... 330.00 Tensile Test, Mechanically Spliced, #9 Bar or Smaller,
each ................................................................................ 210.00 Tensile Test, Mechanically Spliced, #10 Bar or Greater, each ................................................................................ 350.00
HIGH STRENGTH BOLT, NUT, AND WASHER TESTING
Wedge Tensile Test, A490 Bolts
Under 100,000 lbs., each ................................................ 130.00 Over 100,000 lbs., each .................................................. 140.00 Wedge Tensile Test, A325 Bolts
Under 100,000 lbs., each ................................................ 160.00 Tensile Test, Anchor
Bolts, tested with displacement
transducers, each ............................................................ 300.00 Nut Hardness,
Proof & Cone Proof Load Test, each ............... 65.00 Washer Hardness, each .......................................................... 55.00 A325 or A490, Boll Hardness Only, each ................................ 55.00 Bolt A325 or A490 Wedge Tensile
Under 100,000 lbs. & Hardness, each ............................. 240.00 Over 100,000 lbs. & Hardness, each ............................... 280.00 Boll, Nut & Washer, all tests per set with bolts
Under 100,000 lbs ........................................................... 400.00 Over 100,000 lbs ............................................................. 500.00 See Schedule of Fees - Geo/echnica/ Laboratory Testing for soil testing. Hourly rates are available upon request. Field Laboratory rates are available upon request. Listed unit rates are based upon the assumption that samples will be delivered to our laboratory at no cost lo Converse.
CONVERSE CONSULTANTS
General Conditions -
Righi of Enlty
Client warrants to Converse that tt has full legal right to authorize Converse's enlly upon the real property where Converse's services are to be performed ('Site' herein) and upon all property, if any, required for ingress and egress to the Stte.
Client authorizes Converse to enter upon the Stte and such adjoining property as is necessary to allow Converse to perform its services.
Converse wil lake reasonable precautions lo minimize any damage to the Sile; however, Client ackno.vledges that during the normal course of the performance of Converse's services, some damage lo the Site may occur. The correction of any damage to the Site (surface or subterranean) shall be the obligation of the Client .
Information Supplied by Client
Client warrants the accuracy of any information supplied by it to Converse, acknowledges that Converse will nol verify the accuracy of such information, and agrees thal Converse is entitled lo rely upon any such information.
Client shaD immediately notify Converse in writing of any data, information or knowledge in the possession of or known to Client relating lo oonditions existing al the Stte and shall provide Converse with the location, size and depth of any and aD underground tanks, piping or structures existing upon lhe Sile.
Client shan defend, indemnify and save harmless Convecse, ils officers, agents and employees from and against any and all claims, costs, sutts and damages, induding attorneys' fees, arising out of errors, omissions and inaccuracies in documents and information provided to Converse by Client Owne16hlp of Data and Document;; Samples
All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by Converse shall remain lhe sole property of Converse.
Client shall have the right to lhe use of all data, recommendations, pr~ls. reports, design criteria and sim!ar information provided to tt by Converse ('information' herein); provided, however, that the information shall not be used or relied upon by any party other than Clienl save and except as may be required by the design and licensing requirements of the project for which lhe information is provided; further, such use shall be limtted to the partiDJlar stte and project for which lhe information is provided. To the extent Client utilizes Converse's information by providing or making the same available to any third party (a) Client agrees to give written notice lo any such third party Iha! it may not utilize or rely on any aspect of Converse's information and (b) Cienl agrees to defend, indemnify and hold Converse harmless against any and all daims, demands, costs, losses, damages and expenses, induding attorneys fees, that may be asserted against or sought from Converse by any such third party.
Client's right to the use of the information is expressly conditioned upon Client's prompt payment to Converse of all sums due under the ClienVConverse agreement. In lhe event of Client's nonpayment or partial payment of said amounts, Client agrees Iha! it shall not use any of the information for any purpose whatsoever and shal return the same to Converse within 2 business days upon demand.
Converse will retain all samples of soil, rock or other materials obtained in the course of performing its services for a period of thirty (30) days. Thereafter, further storage or transfer of samples to Client may be made al Cient's expense upon written request from Client to Converse received by Converse prior lo the expiration of the 30-<lay period. Converse shall retain permanent records relating to the Converse services for a period of five (5) years followin9 submttlal of Converse's report, durin9 which period the records v~U be made available to Client upon reasonable notice given by Client and upon payment lo Converse of an amount sufficient to reimburse Converse for its necessary and reasonable expenses in making said records available.
Standard of Care and Professtonal Responslblllty
Client acknowledges Iha! lhe services lo be ~rformed by Converse involve the use of tests. calculations, anaryses and procedures which are in a oonslanl slate of development improvement and refinement and thal as such, improvements, changes in methods, and modifications of procedures have been made in the past, are no.v being made, and are expected to oontinue to be made in the future.
Further, Client recognizes thal, while necessary for investigations, commonly used exploration methods, such as drimng borin~s or excavating trenches, involve an inherent risk. For example, exploration on a site containing contaminated materials may result in inducing crosscontamination, the prevention of which may not be complete using presently recognized sealing methods.
Client recognizes that the state of practice, induding but not imtted to the practice relating to contamination or hazardous waste oonditions. is changing and evolving and that standards existing at the present time may subsequently change as knowledge increases and the slate of the practice continues to improve.
Client recognizes thal projects containing conlaminaled materials may not perform as anticipated by Client, even though Converse's services are performed in accordance with the level of care and skill required of it Further, certain governmental regulations relating to hazardous waste sttes may purport lo require achievement of results which cannot be Com'«,o Consul.rib GCW. !
accomplished in an absolute sense. It is recognized thal a satisfactorily designed, constructed and maintained m011itorin9 system may assist in the early detection of environmental changes allowing for early correction of problems. Unless 11 is specifically induded in the scope of services to be performed by Converse, Client understands that Converse shall not perform such monttoring.
The services to be provided by Converse pursuant lo the agreement to which these General Conditions are a part shall be proV1ded in accordance wilh generally accepted professional engineering, environmental, and geologic practice in the area where these services are to be rendered and at the time that services are rendered. Client acknowledges thal the present standard in lhe engineering and environmental professions does nol indude, and Converse does not extend to Client, a guarantee of perfection of the work contemplated hereby; further, that even in the exercise of normal and reasonable care, errors or omissions may from time to time occur. Except as expressly set forth in these General Conditi011s, no other warranty, express or implied, is extended by C011verse.
Converse shaU have no duty to supervise, coordinate or olheJWise be involved in the performance of services or work by any third-party oonsullanl. contractor or subcontractor.
Where Converse's services involve field observation of grading, Hing and compaction (or any of them), it is agreed:
a. Thal Converse shaU in no way be responsible for the manner in which such work is performed by any third party.
b. That in the event Converse is lo provide periodic observation, Client ackno.vled!!es that Converse cannot be responsible for any work performed at a time or times when C011verse was not performing tts observation services. Converse will not provide an opinion oonceming the performance of any third party, save and except lo the extent that said work was in fact observed and tested by Converse during the course of oonstruction.
c. Thal where Converse's services indude oontinuous observation, C~ent agrees not lo allo.v grading, filing or compacti011 to be performed al any time or limes when Converse is not physicaly present upon the Stte and shall restrict the amount and extent of such grading, filing and compaction to that which can be properly observed by Converse personnel present on the Site. d. Thal In lhe event Converse is to conduct tesl borings for Clienl Cient ackno.vledges that the accuracy of said test borings relates only to the specific location in which the boring ttself was performed and that lhe nature of many sites is such thal differing subsurface soil characteristics can be experienced within a small distance. As such, Client acknow1edges thal greater accuracy is obtained when the number of tesl borings is increased.
T echnlcal LfmHatlons
Client acknowledges and agrees that: (1) ii is unreasonable to expect Converse lo be able lo completely evaluate subsurface conditions, even after the most comprehensive exploratory program; (2) site conditions change frequently due lo the passage of time, human activities, and d1matic oondttions and uncertainties are therefore inherent in the nature of Converse's services and impossible to avoid; (3) the identification of geolechnical and environmental conditions and the prediction of future or concealed oonditions is an inexact scientific endeavor; (4) lhe slate or the art or geolechnical and environmental practice is such thal Converse cannot guarantee that its recommendations wiQ prove adequate on this project and the Client assumes lhe risk of any such failure, except as otherwise provided in these General Conditions and Iha! (5) these General Conditions oonlains specific LIMITATIONS OF LIABILITY.
Indemnity of Client and Limitation of Lfabflity
Cotiverse shall indemnify Client. ils officers, directors, agents or employees from any daim, demand or liability arising from personal injury or property loss or damage caused by the sole negligence or wiiful
misconduct of Converse.
Anything to the contrary in the agreement to which these General Condttions are attached or in these General Conditions notwithstanding, Converse's liability shall be limited lo the lesser of the fees charged to Ctienl by Converse for the services perfom1ed for Client or the sum of fifty thousand dollars. Client may, at its option, increase the maximum amount for which Converse shal be liable by payment of an additional fee.
For lhe maximum liability sum of one hundred thousand dollars, the additional amount to be paid shall be four percent of the total Converse fee charged hereunder; for the maximum liability sum of one million dollars, the additional amount to be paid shall be five percent of the Iola! Converse fees charged hereunder Client acknowledges and agrees Iha! tts recovery, if any, shall be satisfied, in the firs! instance. from the proceeds of Converse's insurance, and lo the extent of any deficiency in the available insurance proceeds, then and only then, by Converse.
Client acknowledges thal Converse has agreed lo charge Cient a reduced fee for services in exchange for the above limilation of liabiltty and thal said reduction in fees is oonsideration for said limitation.
Client shall defend and save ham1less Converse, ils officers, directors. agents and employees fron1 all liabitty, daims and demands. induding expenses of suit and reasonable attorneys' fees arising from personal injuries, induding disease and death, property loss or damage, injury lo others (induding personnel of Client, Converse or
subcoolfactors performing work hereunder), and air or ground pollution or environmenlal impairment arising out of or in any manner connected with or related to the performance of Converse's sBfVices, except where there is a judicial determination that such inju,y, loss or damage shall have been caused by the sole negligence or wilful misconduct of Converse.
Client acknowledges that Converse has charged Client a reduced fee for sBfVices to be performed by ii ill exchange for this hold harmless and that the reduction in fees is consideration for said hold harmless provision. Converse w~I not be liable for consequential damages of any kind, nature or description.
Hazardous Waste, Pollutlon and Health Hazard P10Jects l"Hazardous Projects· Herein) Prior to the commencement of services by Converse on any hazardous project. Client agrees to advise Converse in writing of any known hazardous waste or materials existing on or near the Site or if any of said services are to be performed in an area where dust, fumes, gas, noise, vibrations or other particulate or nonparticulate matter is in the atmosphere where ii raises a potential or possible health hazard or nuisance to anyone working within the area.
Anything in these General Conditions nolwithstanding, Client shall indemnify and hold Converse, its officers, directors, agents, servants and employees, harmless from any claim, demand or action brought by any party whomsoever, including employees of Converse which claim, demand or action is based upon inju,y or damage caused or alleged to have been caused by hazardous wastes or hazardous materials whether or not such waste or materials were known to exist prior to the commencement of services.
Client agrees to be responsible for the removal and disposal of any hazardous waste uncovered as a result of the site investigation, including drill cuttings, unless specifically included within the scope of work
It is a9reed that the discovery of unanticipated hazardous materials constitutes a changed condition mandating an immediate renegotiation or the scope of services or termination of services. Converse will at all times endeavor to perform in a faithful and trustworthy manner. Client understands that Client or Converse may be required by local and/or state and/or federal statute to report the discovery or hazardous materials to a government agency. Client also understands that Converse may be required by local and/or state and/or federal statute to report the discovery of hazardous materials to a government agency, and that Converse, when practical, will do so only after notifying Client. In the event Converse discovers hazardous material that we believe poses an immediate threat to public health and safety, Converse will use its best judgment to notify appropriate emergency personnel for immediale containment. Client agrees to take no action of any kind against Converse when Converse makes a good-faith effort to fulfill its obligations.
Client's Responsibilities
Client shall immediately provide Converse with full information in writin~ as to Client's requirements for the serv1ces to be provided by Converse and shall designate in writing within five (5) days of the effective dale of the agreement to which these General Conditions are a part, a representative to act on Client's behalf in conjunction with the services to be provided hereunder. Client shall promptly review all documents, reports, data and recommendations submitted by Converse and shall communicate with Converse concerning such reviews for the purpose of avoiding delay in the performance of the services to be rendered by Converse.
Client shall notify any third party who may perform on the Site of the standard of care being undertaken by Converse pursuant hereto and of the limitations of liability contained herein.
Client shall require as a condition to the performance of any such third party a like indemnity and limitation of liability on their part against Converse.
Confidentiality Converse shall hold all information provided to it by Client and the results of the work performed by it confidential and shall not disclose the same to any third party except where required by Governmental regulatory agencies or as otherwise required by law.
Disputes
Converse shall have the right to bring a legal action in a state or federal court against Client for any sums due or alleged to be due to it or for services rendered. Except for this right, Converse and Client agree that as an express condition to the right of either party to bring a legal action against the other, they shall first submit any dispule to mediation by a neulfal person acceptable to both parties.
Each party shall bear its own attorneys' fees, costs and other expenses, except that each party shalf be responsible and pay for one-half or the costs and expenses or the mediator. In the event that legal action is required, the prevailing party shall be entitled to recover all of its costs incurred in connection therewith including, without limitation, stall lime, court costs, attorneys' fees, consultant and expert witness fees and any other related expenses. In this regard, in order to make the prevailing party whole, the parties acknowledge and agree that the prevailing party shall be entitled to recover all of its costs incurred in connection with the legal action and shall not be limited to "reasonable attorneys fees' as defined in any slatute or rule of court.
The obligalions, responsibilities, warranties and liabilities of the parties shall be solely those expressly sel forth herein. Remedies and limltalions of liability shall apply regardless of whether an action is brought in contracl, or is based on either party's negligence, or another theory of law. All of the rights, remedies, obligations, terms, conditions and limitations of liability stated herein shall extend collectively to and be binding upon the parties' partners, joint ventures, licensors, successors, assigns, insurers, and affiliates. Client and Converse agree that any legal action with respect to the services to be performed under these General Conditions shall be brought against the parties, and not against individual officers, Con\'<fse Coo>UtY>ls GC99-I employees or former employees of the parties. All legal actions by either party against the other for breach of these General Conditions or for the failure to perform in accordance with the applicable standard of care, however framed, that are essenUally based upon such breach or failure shall be barred two (2) years from the time claimant knew or should have known of its right to make a claim, but, in any even!, not later than four (4) years from subslantial completion of Converse's services.
Jobs lte Safety
Converse shall be responsible for its activily and that of ils employees on the Site.
This shall not be conslfued to relieve the Client, its general conlfactor or any subconlfactor of their obligation to maintain a safe jobsite.
Neither the professional activities nor the presence of Converse or its employees and subconlfactors shall be understood to conlfol the operations of others, nor shall it be construed to be an acceptance or the responsibility for jobsite safety.
Converse will not direct, sueervise or lay out the worl<. of the Client, conlfactor, or any
subcontractors. Converses services will not include a review or evaluation of the adequacy of the conlfacto(s safety measures on or near the Site.
Scheduln
Unless otherwise specified in the agreement, Converse shall be obligated to perform within a reasonable period of time. Converse shall not be responsible for delays in the completion of its services a-eated by reason of any unforeseeable cause or causes beyond the control and/or without the fault or negligence of Converse, including but not restricted to acts of God or the public enemy, acts of the Government of the United States or of the several states, or any foreign country, or any of them acting in their sovereign capacity, acts of other conlfactors with Client,
fire, floods, epidemics, riots, quarantine restrictions, slfikes, civil insurrections, freight embargoes, and unusually severe weather.
Should completion of any portion of the services lo be rendered by Converse be delayed beyond the estimated date of completion for any reason which is beyond the control of or without default or negligence of Converse, then and in that event Client and Converse shall mutually agree on the terms and conditions upon which the services may be continued or terminated.
Invoices
Converse shall submit monthly progress invoices to Clien~ and a final bill shall be submitted upon completion of the services. Within thirty 130) days after receirt of an invoice, Client shall paY. the full amount or the invoice. If Client objects to al or any portion of any invoice, It shall so notify Converse of the same within fifteen (15) days from the date of receipt of said invoice and shall pay that portion of the inv01ce not in dispute, and the parties shall immediately make every effort to settle the disputed portion of the inv01ce.
If Client fails to make payment within thirty (30) days after receipt of an invoice, then Client shall pay an additional monthly serv1ce charge of one and one-hall percent (1 ½ %) on all such amounts outstanding. The additional charge shall not apgly to any disputed portion of any invoice resolved in favor of Client. In the event hent fails lo pay any undisputed amount to Converse when due, Converse may immediately cease worl<. until said payment t99ether with a service charge at the rate of 1 ½ % per month, as specified above, from the due date has been received.
Further, Converse may, at its sole option and discretion, refuse to perform any further work irrespective of payment from Client.
In the event that all or any portion of the 1 ½ % service charge provided for herein is deemed to be an interest charge, then and in that event saiainterest charge shall be limited to the maximum amounl legally allowed by law.
Client acknowledijeS Converse's fee schedules are revised annually and agrees that the (ee schedule in effect at the lime the services are performed shall apply to such serv1ces.
Insurance
Converse represents that ii now carries, and will continue to carry during the term of the conlfact to which these General Conditions are a part. Workers Compensation insurance and that, if reguested, Converse shall provide to Client certificates as evidence of the aforementioned insurance.
Assignments
Client shall not assign this contract or any portion thereof to any other person or entity without the express written consent of Converse. Nothing contained in this contract or any part thereof shall be construed to create a right in any third party whomsoever, and nothing herein shall inure to the benefit of any third party.
Severablllty
If anY. provision of these General Conditions is finally determined to be conlfary to, proh1bIted by, or invalid under applicable laws or regulations, such provision will be renegotiated so as to give effect to the intent of the parties to the maximum possible extent. Such determination and ren~otiation shall not affect or invalidate the remaining provisions or these General Conditions.
Governing Law
These General Conditions shall be governed by and construed under the laws of the State of California.
Exhibit "B"
Insurance Specifications
EXHIBIT "B"
INSURANCE SPECIFICATIONS
Without limiting CONSUL TANT's indemnification of CITY, and prior to performing any work under this AGREEMENT or receiving any compensation, CONSULANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and in a form that is satisfactory to CITY.
General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than$ 1,000,000.00 dollars per occurrence,$ 2,000,000.00 dollars general aggregate, for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability.
[ZJ [Check if Applicable] Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of CONSUL TANT arising out of or in connection with the work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned, or rented vehicles, in an amount not less than$ 1,000,000.00 dollars combined single limit for each accident. [ZJ [Check if Applicable] Workers' compensation insurance. CONSUL TANT shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least$ 1,000,000.00 dollars). CONSUL TANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees, and volunteers. f7l [Check if Applicable] Umbrella or excess liability insurance. CONSUL TANT sl,all obtain and maintain an umbrella or excess liability insurance policy with limits of not less than $ 4,000,000.00 dollars that will provide bodily injury, personal injury, and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability and employer's liability. Such policy or policies shall include the following terms and conditions:
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall "follow form" to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.
f7l [Check if Applicable] Professional liability (errors & omissions) insurance.
CONSUL TANT shall maintain professional liability insurance that covers the services to
be performed in connection with this AGREEMENT, in the minimum amount of $ 1,000,000.00 dollars per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSUL TANT agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this AGREEMENT.
D [Check if Applicable] Pollution liability insurance. Environmental Impairment Liability Insurance shall be written on CONSULTANT's Pollution Liability form or other form acceptable to CITY providing coverage for liability arising out of sudden, accidental, and gradual pollution and remediation. The policy limit shall be no less than $ 1,000,000.00 dollars per claim and in the aggregate. All activities contemplated in this AGREEMENT shall be specifically scheduled on the policy as "covered operations." The policy shall provide coverage for the hauling of waste from the project site to the final disposal location, including non-owned disposal sites. Products/completed operations coverage shall extend a minimum of th re e ye a rs after project completion. Coverage shall be included on behalf of the insured for covered claims arising out of the actions of independent contractors. If the insured is using subcontractors, the policy must include work performed "by or on behalf' of the insured. Policy shall contain no language that would invalidate or remove the insurer's duty to defend or indemnify for claims or suits expressly excluded from coverage.
Policy shall specifically provide for a duty to defend on the part of the insurer. The CITY, its officials, officers, agents, and employees, shall be included as insureds under the policy.
D [Check if Applicable] Explosion, collapse, underground insurance.
CONSUL TANT shall furnish a copy of a public liability and property damage insurance policy with "XCU" or equivalent coverage in an amount not less than$ 1,000,000.00 dollars per person and $ 2,000,000.00 dollars per occurrence for personal injury. The limit of property damage liability shall be not less than $ 1,000,000.00 dollars for each occurrence as payment for damages to property which may result from or be caused by such public display of fireworks and arising from any acts of the CONSULTANT, its agent, employees, or subcontractors presenting such public display. CITY, its officers, agents, and employees shall be additional insureds under the policy. CONSUL TANT shall not cancel the insurance coverage without fifteen (15) days prior written notice to the State Fire Marshal.
Proof of insurance. CONSUL TANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by CITY prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract.
CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.
Duration of coverage. CONSUL TANT shall procure and maintain for the duration of the AGREEMENT insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of this
AGREEMENT by CONSUL TANT, his/her/its agents, representatives, employees, or subconsultants. If this AGREEMENT involves construction, CONSUL TANT must maintain general liability and umbrella or excess liability insurance for as long as there is a statutory exposure to completed operations claims. CITY and its officers, officials, employees, and agents shall continue as additional insureds under such policies.
CITY's rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSUL TANT or CITY will withhold amounts sufficient to pay premium from CONSUL TANT's payments. In the alternative, CITY may cancel this AGREEMENT.
Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by CITY. Notwithstanding the foregoing, XCU insurance shall have a rating of at least B-VI.
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this AGREEMENT shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees, and volunteers or shall specifically allow CONSUL TANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSUL TANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
Enforcement of contract provisions (non estoppel). CONSUL TANT acknowledges and . agrees that any actual or alleged failure on the part of CITY to inform CONSUL TANT of noncompliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.
Specifications not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
Notice of cancellation. CONSUL TANT agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.
Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. This provision shall also apply to any excess liability
policies. Coverage available to the additional insured shall be primary and noncontributory.
Agency's right to revise specifications. CITY reserves the right at any time during the term of the AGREEMENT to change the amounts and types of insurance required by giving CONSUL TANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to CONSULTANT, CITY and CONSUL TANT may renegotiate CONSUL TANT's compensation.
Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.
Timely notice of claims. CONSUL TANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSUL TANT's performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.
Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work.
CITY OF FOUNTAIN VALLEY
CITY COUNCIL
COUNCIL ACTION REQUEST
To: Honorable Mayor and Agenda Date: April 15, 2025
Members of the City Council
Subject: Amendment to the Utility Art Box Program, “Art on a Box”.
Three-Year Strategic Goals
☒ Enhance the culture and environment of “A Nice Place to Live.” ☐ Achieve fiscal stability by evaluating processes, and attract and retain revenue producing
businesses/opportunities.
☐ Attract and retain quality staff through best practices and trends. ☐ Maintain, build, and modernize infrastructure to support the growth and future needs of the City.
☐ Not applicable.
EXECUTIVE SUMMARY:
The City of Fountain Valley works in collaboration with the Fountain Valley Community Foundation (FVCF) to facilitate a Utility Art Box Program, “Art on a Box”. At the October 17, 2024, Fountain Valley Community Foundation Board of Directors meeting, a proposed program amendment to the guidelines was approved. The FVCF wishes to amend the program guidelines to allow hand painting of the Utility Boxes as a second option of displaying artwork. This is in addition to the already approved vinyl wrap installation.
The Utility Art Box Program, “Art on a Box,” was part of a beautification project created in 2020 to promote local artists, local history, and create a sense of community engagement, civic pride and heritage. The program supports the creation of public art by sponsoring artists to improve the visual aesthetics and invigorate utility boxes in public right-of-way streets by turning City-owned utility cabinets into a canvas for art.
DISCUSSION:
In July 2020, the Recreation and Community Services Department worked with Public Works to identify 12 specific utility box locations to be included in the program, all providing high visibility for the display of artwork. City staff created Program guidelines and secured the Fountain Valley Community Foundation (FVCF) as a partner to help facilitate the program. The FVCF assists with artwork approvals and funding through
Amendment to the Art on a Box Program
April 15, 2025
community partnerships and sponsorships. The Art on a Box program was approved by the City Council in September 2020.
The approved Art on a Box Program guidelines state that the artwork will be displayed on the utility box using vinyl wrapping installed by a contractor. If approved, the proposed change to the program will include hand painting the artwork as an alternative and potentially less expensive installation method. Both options require an anti-graffiti coating on the utility boxes, providing the best protection and easiest maintenance of the box.
The cost of a vinyl wrapped box is expected to be between $1700 - $2300. The price of the box includes the printing and installation of the vinyl wrap. Additional maintenance costs may be subject to change. The cost of a hand-painted box is expected to be between $500 - $1,500. This anticipated cost include all supplies necessary to prepare, paint and protect the utility box. Funding and payment for the installation will be facilitated between the artist and the FVCF.
FINANCIAL ANALYSIS
There is no financial impact to the City of Fountain Valley.
The Fountain Valley Community Foundation will continue to work with each artist to facilitate a funding source, resulting in no budget impact on the City’s general fund account.
ATTORNEY REVIEW:
The City Attorney has reviewed the program proposal and approved it as to form.
ALTERNATIVES:
Alternative No. 1: Approve the amendment to the Art on the Box Program guidelines to allow for two installation options; both hand painting and vinyl wrapping.
Alternative No. 2: Do Not approve the amendment to the Art on a Box Program.
Alternative No. 3: Continue the item for further consideration.
RECOMMENDATION:
Staff recommends that the Fountain Valley City Council approve Alternative No. 1 to amend the Art on the Box Program Guidelines to allow for installation options to include both hand painting and vinyl wrapping. The City will continue to collaborate with the Fountain Valley Community Foundation for financial support of the program, which results in a continued zero net impact to the City’s general fund budget.
Amendment to the Art on a Box Program
April 15, 2025
Prepared By: Jenni Worsham, Community Services
Manager
Approved By: Rob Frizzelle, Community Services Director Fiscal Review by: Ryan Smith, Finance Director
Approved By: Maggie Le, City Manager
Attachment 1: Amended Art on a Box Program Guidelines
Art on a Box Program Guidelines
What is the Utility Art Box Program?
The City of Fountain Valley is proud to host a Utility Art Box Program, “Art on a Box,” as part of a beautification project to promote local artists, local history, and create a sense of community engagement, civic pride and heritage. The program supports the creation of public art by sponsoring artists to improve the visual aesthetics and invigorate utility boxes in public right-of-way streets by turning City-owned utility cabinets into a canvas for art.
What are the goals of the program?
Distinguish the City of Fountain Valley as a nice place to live, work, and play; Provide every member of the community easy visual access to a form of public art from public street access;
Strengthen civic pride and engagement, and historical heritage; Installation of work that will help improve quality of life; Help provide a public venue for local artists to showcase their talents and bring a sense of community and belonging by promoting community pride, civic engagement, and cultural heritage.
Who is eligible to participate and what type of artwork is requested? When there are utility boxes and funding available, there will be a call for artists. Eligible artists must meet each of the following criteria to be eligible to participate in the program:
Artists must be 18 years of age or older. Artists younger than 18 years of age will need a legal parent/guardian to complete all paperwork;
Artists must be a resident of, or affiliated with, the City of Fountain Valley; o Artists will be given priority in order of the following:
1. ) Artists who live in Fountain Valley;
2.) Artists who work in Fountain Valley;
3.) Artists who support or have an affiliation with the City of Fountain Valley.
Additionally, when placed on utility cabinets or other public property, the artwork constitutes City’s speech. The City does not intend to create any type of forum for private speech. As the City’s speech, the artwork content:
Must be “G” rated;
Must depict civic pride and engagement, and historical heritage; Must be generally positive in nature or uplifting and non-offensive; May not depict any of the following content: obscene or hateful artwork; illegal activity/crime; racial, religious, or sexual harassment.
May not discriminate on the basis of gender, ethnicity, religion, economic status, national origin, disability, medical condition, sexual orientation, or age.
May not promote practices that, if they took place, would violate U.S. or state law, or promote drugs, alcohol, tobacco, gambling, or adult entertainment. May not include religious references or political statements. May not endorse products or services that do not comply with the City of Fountain Valley policies or procedures, County, State, or federal regulations, ordinances, codes, or statutes. May not endorse products or services that conflict with the City of Fountain Valley or the Recreation and Community Services Department mission statements.
How is the artwork selected?
When making the selection for Art on a Box, City of Fountain Valley staff will use their discretion to consider:
Artistic excellence, innovation, and originality;
Relevance of artwork to the area where the utility box is located; Contribution of artwork and impact to creating a sense of community and civic pride and engagement, historical heritage and cultural landscape of Fountain Valley. The aforementioned artist residency priority.
The selection process for each artist will consist of an initial review by City staff. Artists will be notified if and when their designs are accepted. If an artist’s work is selected to be placed on a utility box, artists must sign a waiver/release of liability. Once selected, the artist will either work to complete the hand painted artwork or work directly with the contracted vendor to complete the vinyl wrapping within fortyfive days. Due to the limited number of eligible utility boxes, the application process may be closed at any time.
How long will artwork be on display?
The City will endeavor to display the art for a minimum of two years. The City has the discretionary authority to extend or reduce the display period on a case-by-case basis. The City, at its discretion, may identify additional utility boxes to implement as part of the program.
How is the program funded?
The Fountain Valley Community Foundation will serve as a funding catalyst and will work with selected artists to help find a financial sponsor for the installation of the artwork.
The sponsored box will have anti-graffiti coating; however, significant damage to the box may not be repairable. The artwork may be removed in the event of irreparable damage, which may mean the artwork is on display fewer than two years.
What if I have a sponsor for my project ?
The cost of a vinyl wrapped box is expected to be between $1700 - $2300. The price of the box includes the printing and installation of the vinyl wrap. Additional maintenance costs may be subject to change.
The cost of a hand-painted box is expected to be between $500 - $1,500. This includes all supplies necessary to prepare, paint and protect the utility box (specifics designated by the City/FVCF).
If a sponsor is secured for the artwork installation/supplies, the sponsoring entity may place their logo or emblem on the artwork, with the approval of the artist. The logo or emblem, however, may not interfere
with the overall integrity or message of the artwork as approved. The size of the logo/emblem will be limited to prevent from advertisement or commercialization of the utility box artwork, and will be subject to approval by staff upon recommendation of the Foundation.
The logo and emblem of the sponsoring entity may also be marketed on the Foundation’s social media pages.
All sponsored artists and artwork will work with the sponsoring entity on a case-by-case basis for appropriate recognition.
How do I submit artwork for the program?
Artists interested in submitting their artwork for consideration may do so by completing an application online and sending an email to [email protected] with an image of the artwork.
What utility boxes are part of the program and where are they located? (See Exhibit A) Exhibit A
Utility Box Number Utility Box Location Box Size
Box #1 Brookhurst and Edinger (SWC) 67” H x 45” W x 26” D Box #2 Brookhurst and Heil (NWC) 67” H x 24” W x 30” D
Box #3 Brookhurst and Warner (SWC) 67” H x 45” W x 26” D Box #4 Warner and Ward (SEC) 67” H x 24” W x 30” D
Box #5 Warner and Los Jardines West (SEC) 67” H x 24” W x 30” D Box #6 Euclid and Warner (SWC) 67” H x 24” W x 30” D
Box #7 Euclid and Heil (NEC) 67” H x 24” W x 30” D
Box #8 Edinger and Euclid (NWC) 67” H x 45” W x 26” D
Box #9 Edinger and Ward (NEC) 67” H x 24” W x 30” D
Box #10 Slater and Brookhurst (NWC) 67” H x 45” W x 26” D Box #11 Slater and Euclid (NWC) 67” H x 24” W x 30” D
Box #12 Slater and Mt. Herrmann (SEC) 67” H x 24” W x 30” D 1 9 8
2 7
3 4 5 6
10 11 12
3