Agreement with Earth Systems for Soil and Groundwater Sampling for the IWTF

Consulting Services Agreement between November 4, 2024
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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES

AND EARTH SYSTEMS FOR SOIL SAMPLING AND GROUNDWATER SAMPLING FOR THE

INDUSTRIAL WASTEWATER TREATMENT FACILITY
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and Earth Systems ("Consultant") (together sometimes referred to as the "Parties") as of November 4, 2024 (the "Effective Date").

Section 1. SCOPE OF SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. All work performed under this Agreement shall be authorized in advance and in writing by a specific Task Order prior to the commencement of services. Each Task Order shall describe the nature of the specific task or service to be performed by the Consultant, the estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Consultant shall perform, the format and schedule for deliverables, the schedule of performance, and the schedule of compensation. Consultant shall not perform any task or service unless authorized by a fully executed Task Order. Consultant shall advise city staff in writing of any anticipated change in any task or service, fee or time schedule, and shall obtain city staff’s written consent to the change prior to making any changes.

1.5 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.

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Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $55,000 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of invoices; i.e., Progress Bill No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 For each work item under each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have Consulting Services Agreement between November 4, 2024
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30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 <<Not Used>>

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.

2.6 Reimbursable Expenses. Any reimbursable expenses are included in the authorized contract amount and shall be approved by city staff in advance.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of Consulting Services Agreement between November 4, 2024
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this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:

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a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.
d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.

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d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each Consulting Services Agreement between November 4, 2024
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subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System Consulting Services Agreement between November 4, 2024
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(PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent or trademark law. Consultant's Failure to comply with any law(s) or regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

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Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:

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8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

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10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

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Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City’s Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.

10.10 Notices. Any written notice to Consultant shall be sent to:

Nathan Stoopes, Senior Vice President
Earth Systems
1514 Moffett Street, Suite A
Salinas, CA 93905
[email protected] .

Any written notice to City shall be sent to:

Mary Villegas, Administrative Specialist/Deputy City Clerk City of Gonzales
P.O. Box 647
Gonzales, CA 93926
[email protected]

10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A Earth System’s Proposal
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10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES EARTH SYSTEMS
Carmen Gil, City Manager Nathan Stoopes, Senior Vice President Attest:

Mary Villegas, Deputy City Clerk

EARTH SYSTEMS
1514 Moffett Street, Suite A | Salinas, CA 95023 | (831) 240-4624 | www.earthsystems.com October 2, 2024 Proposal No.: SAL-24-10-004
(Revised October 25, 2024)
City of Gonzales
c/o MNS Engineers
Attn: Megan Panofsky, PE, CCM
811 El Capitan Way, Suite 130
San Luis Obispo, CA 93401
PROJECT: INDUSTRIAL WASTEWATER CONVEYANCE AND TREATMENT FACILITY PROJECT

CITY OF GONZALES WWTP

GONZALES, CALIFORNIA
SUBJECT: Revised Proposal for Soil Sampling, Soil Vapor and Groundwater Sampling, and Laboratory Analyses
REFS: Sampling and Analysis Work Plan: IW Conveyance and Treatment Facility Project, City of Gonzales, prepared by Dudek, dated July 2024.

Dear Ms. Panofsky:

Earth Systems Pacific (Earth Systems) is pleased to present this revised proposal to perform soil sampling, soil vapor and groundwater sampling for the planned industrial wastewater treatment facility (IWTF) in Gonzales, California. The facility would be constructed on approximately 54 acres of land located adjacent to the existing municipal wastewater treatment plant. The area of the proposed development is currently agriculture and is also bordered by a junkyard. Testing and laboratory analyses of soil, groundwater and soil gas was identified in the California Environmental Quality Act (CEQA) documents as a mitigation measure of potential impact to the project from the identified former use of the property and adjacent property use.

A Sampling and Analysis Work Plan - IW Conveyance and Treatment Facility Project, dated July 2024, was prepared by Dudek for the City of Gonzales. The Work Plan specifies the sampling and analysis work to address the mitigation measure. Contaminants of concern include organochlorinated pesticides and arsenic in the agricultural areas, and Total Petroleum Hydrocarbons (TPH) in the gas, diesel and oil range, and volatile organic compounds (VOC’s) in soil, groundwater and soil vapor in the area of the adjacent junkyard.

City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 2 Proposal No.: SAL-24-10-004

SCOPE OF SERVICES
The following is our proposed work to sample and test soils, groundwater and soil vapor at the site.

Soil Sampling
For OCP and arsenic samples, subsurface soil samples will be collected by boring to the desired sample depth (up to 1 foot bgs) using a hand auger or clean trowel. Discrete samples will be collected within each area at a rate of approximately 1 sample per acre. Discrete samples will be composited within similar areas at a rate of 5 samples per composite; as such, each composite will represent approximately 5 acres, varying between 5 and 7 acres. Soil from the desired sample depth will be transferred from the bucket of the auger or trowel to a clean bowl or resealable bag to composite with other discrete samples. The composite will be mixed thoroughly to ensure homogenization, then transferred to a laboratory-supplied sample container. Nine (9) composite soil samples are proposed.

In addition, soil samples from each of the three soil borings advanced along the southeastern portion of the site will be collected using direct-push methodology and acetate sleeves. Samples for analyses will be collected from near the soil/water interface.

Laboratory Analysis
The 9 composite soil samples will be tested for OCP’s by EPA 8081 and Arsenic by EPA 6010.

The three soil samples collected will be tested for total petroleum hydrocarbons (TPH) as gasoline, diesel and oil using EPA Methods 8015Bm/8021B, and volatile organic compounds (VOCs) using EPA Method 8260D.

Groundwater Sampling
Earth Systems will advance three exploratory borings along the southern portion of the site adjacent to the junkyard to collect a groundwater sample from each boring. It is anticipated that groundwater at the site is present at an approximate depth of 30 feet. A boring will be advanced approximately 4 feet below the groundwater table and a check-valve apparatus connected to a tube would be used to bring groundwater to the surface for sample collection in volatile organic analysis (VOA) vials supplied by the analytical laboratory and one-liter amber bottles. The sample bottles will be placed on ice for transport to the analytical laboratory under Chain of Custody control.

City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 3 Proposal No.: SAL-24-10-004 Laboratory Analysis
The groundwater sample will be tested for total petroleum hydrocarbons (TPH) as gasoline, diesel and oil using EPA Methods 8015Bm/8021B, and volatile organic compounds (VOCs) using EPA Method 8260D.

Soil Gas Sampling and Testing
Earth Systems will install three temporary soil gas probes on the property to further evaluate the extent of volatile organic compounds in soil gas at the site. Soil vapor samples will be collected from each location at both 5 feet bgs and at the maximum depth of unsaturated soil (approximately 15 feet bgs). Saturated soil conditions will be observed during advancement of the groundwater borings. The soil gas probes will be installed by a State-licensed drilling contractor specializing in direct-push methods. The probes will be installed to depths of approximately 5 feet and 15 feet into native soil. A 1-foot thick screen of filter sand will be placed in the annular space around the probe, extending six inches above and below the sample inlet.

The remainder of the boring will be backfilled and sealed with hydrated bentonite grains, with a small diameter Teflon tube extending above the ground surface for access during subsequent sampling. Soil gas samples will be collected a minimum of 2 hours after placement of the hydrated bentonite seal.

Gas samples will be collected in general accordance with the California Department of Toxic Substances Control (DTSC) Advisory for Active Soil Gas Investigations, dated July 2015. Prior to sampling, each sample point will be purged using a dedicated SUMA canister (purge canister).

Following purging, a single soil-gas sample will be collected from each sampling point using a dedicated SUMA canister. Following collection of soil-gas samples, each sample probe will be cored out and backfilled with grout.

Laboratory Analysis
Soil-gas samples will be transmitted under chain-of-custody control to McCampbell Analytical, Inc., a State-certified laboratory, for analytical laboratory testing. Samples will be tested for volatile organic compounds (VOCs) (including the IPA tracer) using EPA Method TO-15.

Personnel assigned to the project shall have received HAZWOPER safety and operations training.

Field personnel will use proper sample handling procedures to ensure sample validity. Chain-ofcustody records will be completed to document sample collection, handling and analytical requests. All samples will be kept iced or refrigerated from the time of collection to the time of testing.

City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 4 Proposal No.: SAL-24-10-004 Report Preparation
The work plan and permit application will be submitted to Monterey County Environmental Health Department for approval before work begins. Once laboratory results are available a report will be prepared describing the work performed with a discussion of our findings and evaluation of the extent of the soil, groundwater and soil vapor impacts on the site. The report will include a summary of field activities, analytical results compared to screening levels, a sample location map, and the laboratory results, as well as a discussion of findings and recommendations.

Any other services not specifically noted in the preceding paragraphs are beyond the scope of the proposed work. Supplemental services such as, but not limited to, soil management plan, and cleanup activities would be performed either on a time and materials basis according to our fee schedule in force at the time the work was performed or based on a supplemental change order outlining additional services to be provided and authorizing the additional work.

FEES
We propose to perform the Phase II work described above on a Time and Materials Basis. Our estimated fee for Site visit/USA, Project Coordination, Permitting, Subsurface Exploration and Sampling, Laboratory Testing and Report Preparation is $49,100.00.

SCHEDULE AND CONDITIONS
It is anticipated that permitting, scheduling field work, and coordinating drilling subcontractors can be accomplished within two weeks of receiving notice to proceed. Laboratory testing will be available approximately 10 business days after sampling. It is also anticipated that the report will be available within approximately 15 working days after completion of laboratory testing.

Preliminary information can be provided to the client and design professionals as soon as it is available. Coordinating permission for site access is the responsibility of the client.

Earth Systems will contact underground service alert (USA) as part of the scope. The accurate location of underground utilities lies with the client, and Earth Systems shall not be held responsible for damage resulting from the incomplete or inaccurate identification of underground utilities.

If you wish Earth Systems to provide the services as outlined herein, please sign and return the attached work order as our authorization to proceed.

City of Gonzales IWTP, Gonzales October 2, 2024
(Revised October 25, 2024)
Doc. No.: 2410-008.PRP.REV1/mg 5 Proposal No.: SAL-24-10-004 Thank you for considering Earth systems for this project. If you have any questions or require additional information, please contact our office.

Sincerely,
Earth Systems Pacific
Nathan Stoopes, PG John Feltman, CEG
Senior VP, Managing Principal Senior Project Geologist
Attachments: Work Order
Terms of Service
July, 2024 Fee Schedule
JULY 2024FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE
(Effective July 1, 2024)
This schedule presents rates for professional and technical services in the fields of geotechnical engineering, engineering geology, environmental consulting, construction observation and testing, and special inspection. Listed are charges for services most frequently performed by Earth Systems. Additional services not listed are available and can be discussed upon request; fixed-fee quotes for some services can also be provided upon request. To discuss a scope of work and fees for a specific project, please contact our office.

PERSONNEL Hourly Rate
Principal Professional.............................................................................................................................................$270.00 Associate Professional .......................................................................................................................................... $240.00 Senior Professional ............................................................................................................................................... $220.00 Project Professional ............................................................................................................................................... $180.00 Staff Professional...................................................................................................................................................$155.00 CWI & Special Inspector, Prevailing Wage*.......................................................................................................... $153.00 Technician, Prevailing Wage* ............................................................................................................................... $148.00 Special Services/Caltrans Technician, Prevailing Wage* .......................................................................................$148.00 Special Services Technician.................................................................................................................................... $130.00 CWI Inspector ........................................................................................................................................................ $130.00 Special Inspector.................................................................................................................................................... $130.00 Technical Assistant.................................................................................................................................................$110.00 Technician.............................................................................................................................................................. $115.00 Clerical/Administrative ..........................................................................................................................................$110.00 * Technician/Inspector Classifications as defined by the State of California Department of Industrial Relations.

BASIS OF CHARGES, GENERAL

1. Field services for regular work days for non- Prevailing Wage projects are subject to a 2-hour minimum charge, and billed in 2-hour increments.

2. Work performed on Saturdays, night work, and for premium hours (before 7 a.m., after 5 p.m. or more than 8 hours in one day) for personnel are at time and one-half; Sundays and holidays are at double time. Work performed on weekends, holidays, and when work starts outside of regular business hours is subject to a 4-hour minimum charge.

3. A 2-hour cancellation charge applies if scheduled inspection or testing is cancelled after 4 p.m. the day prior to the scheduled work.

4. Mileage is invoiced at a rate of $0.95/mile (portal-to-portal).

5. Nuclear density gauge charge: $15.00/hour.

6. Weekly special inspection report charge: $110.00

7. Subcontracted services, materials, rental equipment, out of town travel, and expenses are charged at cost plus 20 percent. Fixed per diem rates for specific projects can be provided upon request.

8. Report copies: $30.00 each (minimum). Posting of electronic documents to project websites will be charged at clerical/administrative services rate.

9. Invoices are payable upon presentation. Invoices thirty days past due are subject to a service charge of one and onehalf percent per month. Payments using a credit card will be assigned a 3% surcharge.

10. Rates are effective through December 31, 2024.

PREVAILING WAGE PROJECTS

1. Field services for regular work days for Prevailing Wage projects are subject to a 4-hour minimum charge, and billed in 4-hour increments.

2. The prevailing wage (PW) rates presented herein are based on current rates established by the Department of Industrial Relations (DIR). If, during the course of the project, prevailing wage rates are increased by DIR, rates are subject to adjustment. Also, please note requirements concerning overtime, shift work, travel time, holidays, and other factors can vary for different classifications of work under prevailing wage regulations.

3. Projects where State regulations require electronic submittal of Certified Payroll to DIR for prevailing wage will be assessed a fee of $110.00/week. Additional time required to address specific requests related to DIR/Labor Compliance will be charged at the clerical/administrative services rates.

JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)

BASIS OF CHARGES
Rates for field work such as materials sampling, construction inspection, and field evaluation will be in accordance with the Personnel Rates listed in the basic Fee Schedule. The below listed rates apply to standard ASTM test methods. An additional hourly charge ($115.00/hr.) will be applied for cutting, capping, or other preparation of non-standard samples and, where noted, for steel samples.

SOILS
All prices are based on California and Modified California sample sizes (2” – 2.5” diameter) unless noted otherwise.

Preparation of 3” diameter samples add $20.00. Testing of contaminated soil will be per quote. Samples will be returned to sender for proper disposal.

Atterberg Limits: Liquid Limit or Plastic Limit................................................................................................................ $125.00 Atterberg Limits: Plasticity Index .................................................................................................................................. $260.00 California Bearing Ratio, 3 points; incl. ref maximum density ...................................................................................... $650.00 California Bearing Ratio, 9 points; incl. ref maximum density ...................................................................................... $945.00 Consolidation, one dimensional.................................................................................................................................... $225.00 Consolidation, timed, per point .................................................................................................................................... $100.00 Basic Corrosivity w/out Rpt (pH, Sulfate, Chl., Resistivity) ........................................................................................ Per Quote Direct Shear, 3 points minimum.................................................................................................................................... $315.00 Expansion Index Test..................................................................................................................................................... $205.00 Maximum Density and Optimum Moisture: 4” Mold ................................................................................................... $300.00 Maximum Density and Optimum Moisture: 6” Mold ................................................................................................... $340.00 Maximum Density and Optimum Moisture: California Impact..................................................................................... $305.00 Moisture and Unit Weight Determination, from Ring Samples...................................................................................... $45.00 Moisture Only.................................................................................................................................................................. $40.00 Permeability Tests, constant head or falling head .................................................................................................... Per Quote R-Value .......................................................................................................................................................................... $325.00 R-Value, CA State Hwy/set of 3, Cement, Lime, Other addts ........................................................................................ $375.00 Hydro Collapse Potential............................................................................................................................................... $165.00 Sieve/Hydrometer Anlys, assumed specific grvty, w/200 wash.................................................................................... $250.00 Sieve Analysis, Aggregate Base/Subbase ...................................................................................................................... $155.00 Sieve Analysis 200 wash only .............................................................................................................................................$140 Sieve Analysis with wash....................................................................................................................................................$165 Sieve Analysis, Oversize Material .................................................................................................................................. $215.00 Specific Gravity.............................................................................................................................................................. $150.00 Swell Test, undisturbed................................................................................................................................................. $205.00 Swell Test, remolded..................................................................................................................................................... $230.00 Unconfined Compressive Strength, untreated.............................................................................................................. $150.00 Unconfined Compressive Strength, lime or cement treated mtrl................................................................................. $490.00

THERMAL RESISTIVITY TESTS
Concrete, 1 pt w/moisture content (req spcl collection proc).................................................................................. Per Quote Field Testing using Thermal Resistivity Meter........................................................................................................... Per Quote Soil, per moisture point, per sample......................................................................................................................... Per Quote Soil, 3 moisture points with dry‐out curve, per sample ............................................................................................ Per Quote

CONCRETE AGGREGATE
Abrasion, L.A. Rattler, 100 and 500 revolutions, ASTM C131 (Small Size Aggregate)................................................... $300.00 Abrasion, L.A. Rattler, 100 and 500 Revolutions, ASTM C535 (Large Size Aggregate) ..................................................$560.00 Absorption, Coarse Aggregate ...................................................................................................................................... $100.00 Absorption, Fine Aggregate........................................................................................................................................... $150.00 Clay Lumps and Friable Particles in Aggregate.............................................................................................................. $125.00 Cleanness Value of Coarse Aggregate ........................................................................................................................... $175.00 Crushed Particles, each size .......................................................................................................................................... $150.00 JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
CONCRETE AGGREGATE (Cont.)
Durability Index, Coarse or Fine Aggregate................................................................................................................... $200.00 Flat and Elongated Particles in Aggregate..................................................................................................................... $125.00 Organic Impurities in Fine Aggregate............................................................................................................................ $100.00 Potential Reactivity of Aggr by Chemical Method, ea size........................................................................................ Per Quote Sand Equivalent............................................................................................................................................................. $170.00 Sieve Analysis, washed.................................................................................................................................................. $200.00 Soundness, Sodium Sulfate, 5 cycles............................................................................................................................. $450.00 Specific Gravity, Coarse Aggregate................................................................................................................................ $150.00 Specific Gravity, Fine Aggregate.................................................................................................................................... $150.00 Uncompacted Void Cntnt of Fine Agg Angularity, w/fine Agg SG................................................................................. $285.00 Unit Weight of Aggregate.............................................................................................................................................. $150.00

CONCRETE CYLINDERS, BEAMS AND CORES
Compression Test of Cast Cylinders per cylinder............................................................................................................ $45.00* Compression Test of Cored Samples, cored at laboratory............................................................................................ $120.00 Compression Test of cores delivered by others............................................................................................................ $100.00 Compression Test of Lightweight Concrete .................................................................................................................... $50.00* Density of Concrete Cylinders......................................................................................................................................... $80.00 Density of Hardened Concrete ...................................................................................................................................... $105.00 Flexural Strength, Simple Beam with Third Point Loading ............................................................................................ $180.00 Grading of Shotcrete Cores........................................................................................................................................... $490.00 Sample Storage, monthly per sample ............................................................................................................................. $45.00 Shrinkage, set of 3......................................................................................................................................................... $400.00 Unit Weight of Lightweight Concrete............................................................................................................................ $130.00 Enviro. Recycling Fee, per cylinder, core or beam ............................................................................................................ $2.00 Enviro. Recycling Fee, per flex beam................................................................................................................................. $3.00 Enviro. Recycle Fee/Form Stripping, per shotcrete panel/beam .................................................................................... $65.00

MASONRY
Absorption of Block, set of 3 ......................................................................................................................................... $165.00 Compression Test, 2” x 4” Mortar Cylinders................................................................................................................... $40.00* Compression Test, 3” x 3” x 6” Grout Samples ............................................................................................................... $60.00* Compression Test on Block, set of 3.............................................................................................................................. $165.00 Compression Test on Grouted Prisms, includes cutting................................................................................................ $165.00* Compression Test on Masonry Cores.............................................................................................................................. $85.00 Coring of Grouted Masonry by Subcontractor..........................................................................................................cost + 20% Masonry Shrinkage, set of 3.......................................................................................................................................... $245.00 Moisture Content of Block as received, set of 3 ........................................................................................................... $105.00 Shear Test on Masonry Cores, 2 faces .......................................................................................................................... $150.00 Specific Gravity and Unit Weight of Block, set of 3....................................................................................................... $170.00 Enviro. Recycling Fee, per masonry prism......................................................................................................................... $3.00 Enviro. Recycling Fee, per mortar or grout sample........................................................................................................... $2.00 * Includes formal report of test results following 28-Day tests.

FIREPROOFING
Fireproof Bond Test................................................................................................................................................... Per Quote Fireproofing Density Test (1)........................................................................................................................................... $80.00

ASPHALT CONCRETE
Bulk Specific Gravity of Compacted Specimens and Core Samples................................................................................. $80.00 Compaction of Lab Samples, CA Kneading Compactor, set of 3.................................................................................... $240.00 Compaction of Lab Samples, CA Kneading Compactor, set of 5.................................................................................... $400.00 JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
ASPHALT CONCRETE (Cont.)
Compaction of Lab Spls, Mrshl Mthd set of 3 –(50 blows/side).................................................................................... $245.00 Compaction of Lab Spls, Mrshl Mthd set of 3 –(75 blows/side).................................................................................... $260.00 Extraction of Oil from A.C. Mixtures.......................................................................................................................... Per Quote Extraction of Oil from Rubberized Mixtures.............................................................................................................. Per Quote Gyratory Compactor, per set of field mixed asphalt ..................................................................................................... $495.00 Hamburg Wheel Tracker Test, per set of field mixed asphalt....................................................................................... $890.00 Ignition Oven Binder Cntnt, after initial corr value is det.............................................................................................. $275.00 Ignition Oven Binder Cntnt Corr Value /mix design, ave of 3........................................................................................ $850.00 Ignition Oven Gradation Correction Value, per mix design....................................................................................... Per Quote Moisture Content ............................................................................................................................................................ $50.00 Sieve Analysis of Extracted Aggregate........................................................................................................................... $285.00 Sieve Analysis of Ignition Oven Residue ........................................................................................................................ $270.00 Specific Gravity, Theoretical Maximum, Rice Method .................................................................................................. $170.00 Stability and Flow, Marshall Apparatus, set of 3........................................................................................................... $240.00 Stabilometer, Hveem S-Value, set of 3.......................................................................................................................... $350.00 Enviro. Recycling Fee, per sample ..................................................................................................................................... $2.00 Enviro. Recycling Fee for Extracted Oils .......................................................................................................................... $45.00

REINFORCING AND STRUCTURAL STEEL
Bend Test of Welded Specimen, sample preparation not incl........................................................................................ $80.00 Pipe Flattening Test, sample preparation not included .................................................................................................. $75.00 Reinforcing Steel Coupler Tensile and Slip Tests........................................................................................................... $250.00 Structural Steel Bend Test, sample preparation not included ........................................................................................ $80.00 Structural Steel Machining/Sample Preparation.......................................................................................................cost + 20% Structural Steel Tensile Test, sample prep not included................................................................................................. $80.00 Tensile and Bend Tests of Reinforcing Bar, #2 through #9............................................................................................ $170.00 Tensile and Bend Tests of Reinforcing Bar, #10 through #18 ................................................................................... Per Quote Enviro. Recycling Fee, per sample ..................................................................................................................................... $2.00

BOLT TESTS
Bolt Tests, chemical or mechanical ...........................................................................................................................cost + 20%

WELDER QUALIFICATION
AWS D1.1: 3/8” Plate, per position ........................................................................................................................... Per Quote AWS D1.1: 1” Plate, per position............................................................................................................................... Per Quote AWS D1.3: Sheet Steel............................................................................................................................................... Per Quote AWS D1.4: Reinforcing Bar........................................................................................................................................ Per Quote ASME/API Pipe Sections............................................................................................................................................ Per Quote EQUIPMENT/CHARGES (Does Not Include Personnel)
110-volt Portable Electric Generator .................................................................................................................... $115.00/day Anchor Pull Test Equipment...................................................................................................................................... $45.00/hr.

Bailer (disposable) w/dedicated rope ...................................................................................................................... $35.00/ea.

Concrete and Asphalt Concrete Coring Equipment...................................................................................................cost + 20% Concrete Slab Moisture Transmission Kit................................................................................................................. $45.00/ea.

Conductivity Meter....................................................................................................................................................cost + 20% Cut-Off Saw ............................................................................................................................................................. $90.00/day Double Ring Infiltrometer (per set)....................................................................................................................... $165.00/day Drum Dolly............................................................................................................................................................... $40.00/day Drums ....................................................................................................................................................................... $90.00/ea.

Dynamometer, In-line Scale ...................................................................................................................................... Per Quote Hammer Drill .............................................................................................................................................................cost + 20% Hand Auger/Sampler Equipment ............................................................................................................................ $65.00/day Lock n, Load VOC Sample Pres. Sys. ......................................................................................................................... $35.00/ea.

JULY 2024 FEE SCHEDULE NC-2405-003.FEE

FEE SCHEDULE - MATERIALS TESTING
(Effective July 1, 2024)
EQUIPMENT/CHARGES (Cont.) (Does Not Include Personnel)
Magnetic Particle Equipment................................................................................................................................ $200.00/Day Non-Destructive Testing Equipment ..........................................................................................................................$45.00/hr Manometer ........................................................................................................................................................... $155.00/day Mini-Troll Groundwater Level Transducer............................................................................................................ $115.00/day Mobile Laboratory..................................................................................................................................................... Per Quote Nuclear Density Equipment....................................................................................................................................... $15.00/hr.

Paint Thickness Meter............................................................................................................................................... Per Quote Vehicle with Percolation Tank System .................................................................................................................. $260.00/day Personal Protective Equipment Level C..................................................................................................................... Per Quote Pile Driving Equipment (for pile load testing) ........................................................................................................... Per Quote Pile Load Testing Equipment..................................................................................................................................... Per Quote Pulse Velocity Meter ................................................................................................................................................. Per Quote Rebound Hammer (Schmidt Hammer).................................................................................................................... $80.00/day Reinforcing Steel Locating Equipment (DR-Meter) ............................................................................................... $200.00/day Relative Humidity Meter....................................................................................................................................... $100.00/day Off Road Vehicle........................................................................................................................................................ Per Quote Safety and Specialty Equipment................................................................................................................................ Per Quote Sampling Consumables ............................................................................................................................................. Per Quote Skidmore Bolting Calibration Equipment.............................................................................................................. $255.00/day Slope Inclinometer Equipment, per hole .................................................................................................................. Per Quote Soil Sampling Containers (metal) ............................................................................................................................. $25.00/ea.

Soil Sampling Containers (glass)............................................................................................................................... $10.00/ea.

Tape Extensometer ................................................................................................................................................... Per Quote Tension Equipment ............................................................................................................................................... $200.00/day Torque Wrench ......................................................................................................................................................... $100/Day.

Water Level Indicator.............................................................................................................................................. $55.00/day Windsor Probe, set of 3............................................................................................................................................. Per Quote Per Diem.................................................................................................................................................................... Per Quote DIR Compliance/eCPR, per week................................................................................................................................... $100.00 DSA Box Posting, ea............................................................................................................................................................$110 DSA Lab Compliance, per week........................................................................................................................................ $$110 Vehicle Mileage Charge.....................................................................................................................................................$0.95 JULY 2024 FEE SCHEDULE NC-2405-003.FEE

EXPERT WITNESS SERVICES
(Effective July 1, 2024)
The following rates apply to deposition testimony, arbitration testimony, hearings and court appearances.

HOURLY CHARGES FOR PERSONNEL
Principal Professional ........................................ $400.00 Associate Professional ....................................... $300.00 Senior Professional ............................................ $250.00 Clerical/Admin Services..................................... $100.00

SPECIAL SERVICES
Deposition ................................................. $400.00/hr.2 Arbitration ................................................... $400.00/hr.

Court Appearance/Hearings........... $1,500.00/half day3 Standby to Appear.................................... $750.00/day4

BASIS OF CHARGES

1. Hourly rates are charged during investigation, analysis, consultation, and preparation services.

2. Estimated deposition fee payable in advance by party requesting deposition. The difference between advance payment and final fee to be billed or refunded in accordance with the fee and billing information in this schedule.

Fee for reviewing deposition transcript will be billed at hourly rates to the party requesting the review.

3. Minimum half day charge will apply to court appearances and hearings. Time extending through the noon hour will be subject to the full day charge of $3,000.00.

4. Days, or portions thereof, reserved for appearances at hearings, court, or arbitrations, during which we are not required to be away from our offices will be subject to a standby charge of $750.00. Standby at other locations will be charged at the general hourly rates.

Gonzales City CouncilNovember 4, 2024

Gonzales City Council
November 4, 2024