GENERAL CONDITIONS FOR
ENGINEERING AND GEOLOGICAL SERVICES
1. Scope of Work
Engineer (“GMU Geotechnical, Inc.”) shall perform the services outlined in the attached Scope of Work, which may only be amended by Client and Engineer in writing. If Engineer provides Client with a writing confirming the change in scope, it shall become an amendment to this Agreement unless Client objects in writing within five (5) working days after receipt. All work performed by Engineer at the Project is subject to the terms and limitations of this Agreement.
2. Payments to Engineer
2.1 Lump Sum
Portions of the proposal may be on a lump sum basis. All lump sum costs are due in full prior to the initiation of work.
2.2 Time and Materials
All out-of-scope work performed under this Agreement shall be on a time and materials basis unless otherwise specifically agreed to in writing by both parties.
2.3 Late Payment Charge
All invoices are due upon receipt. If Client fails to make any payment due to Engineer for services and expenses within thirty (30) days after receipt of Engineer’s invoices, the amounts due Engineer shall, thereafter, include a late payment charge at the rate of 1½% per month, or the highest rate permitted by law, from the thirtieth day.
3. Standard of Performance; Disclaimer of Warranties
Engineer shall perform its Services consistent with that level of care and skill ordinarily exercised by other professional engineers under similar circumstances at the time the Services are performed. No warranty, express or implied, is included or intended by this Agreement. Client recognizes that neither Engineer nor any of Engineer’s subconsultants owe any fiduciary responsibility to Client.
4. Engineer’s Estimate of Construction Costs
Client acknowledges that construction and development are subject to many influences that are not subject to precise forecasting and are outside of Engineer’s control. Client further acknowledges that actual costs incurred may vary substantially from the estimates prepared by Engineer and that Engineer does not warrant or guarantee the accuracy of construction or development cost estimates.
5. Construction Phase Services
If the scope of Engineer’s work includes observation and testing during the course of construction, Engineer shall:
5.1 Make visits to the site at intervals appropriate to the various stages of construction as Client may request, in order to observe the geotechnical conditions encountered by Contractor(s) and the progress and quality of the geotechnical aspects of Contractor(s)’ work. Based on information obtained during such visits and on such observations, Engineer shall inform Client of the progress of the geotechnical aspects of the work. Client understands that Engineer may not be on site continuously nor shall Engineer observe all of Contractor’s work.
5.2 Engineer shall perform such services as are stated in the Scope of Work. Such services shall be performed in accordance with current engineering standards. Client understands that services performed by Engineer on finished work, or work in progress, are taken intermittently and indicate, 448
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on a statistical basis, the general acceptability of the work. Testing or observation by Engineer of portions of the work of other parties on a project are not a guarantee of the quality of Contractor’s work and shall not relieve such other parties from their responsibility for performing their work in accordance with applicable plans, specifications, and safety requirements.
5.3 Engineer shall not supervise, direct, or have control over Contractor(s)’ work nor shall Engineer have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor(s) for the Project, for safety precautions and programs incident to Contractor(s)’ work or for any failure of Contractor(s) to comply with Laws and Regulations applicable to Contractor(s) furnishing and performing its work.
6. Client’s Responsibilities
In addition to payment for the Services performed under this Agreement, Client agrees to:
6.1 Assist and cooperate with Engineer in any manner necessary and within its ability to facilitate Engineer’s performance under this Agreement.
6.2 Designate a representative who will have authority to receive all notices and information pertaining to this Agreement and who will enunciate Client’s policies and decisions and assist as necessary in matters pertaining to the Project and this Agreement. Client’s representative will be subject to change by written notice.
6.3 Provide access to and/or obtain permission for Engineer to enter upon all property, whether or not owned by Client, as required to perform and complete the Services. Client recognizes that the use of investigative equipment and practice may unavoidably alter conditions or affect the environment at the existing Project Site(s). Engineer will operate with reasonable care to minimize damage to the Project Site(s). The cost of repairing such damage will be borne by Client, and is not included in the Fee unless otherwise stated.
6.4 Correctly designate on plans to be furnished to Engineer, the location of all subsurface structures, such as pipes, tanks, cables, and utilities within the property lines of the Project Site(s), and shall be responsible for any damage inadvertently caused by Engineer to any such structure or utility not so designated. Client warrants the accuracy of any information supplied by it to Engineer, and acknowledges that Engineer is entitled to rely upon such information without verifying its accuracy.
6.5 Supply to Engineer all information and documents in its possession or knowledge which are relevant to the Services herein described. Prior to the commencement of any Services in connection with a specific property, Client shall notify Engineer of any known potential or possible health or safety hazards existing on or near the Project Site, with particular reference to hazardous materials or conditions.
7. Changed Conditions
If, during the course of performance of this Agreement, conditions or circumstances are discovered which were not contemplated by Engineer at the commencement of this Agreement, Engineer shall notify client in writing of the newly discovered conditions or circumstances, and Client and Engineer shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Engineer may terminate this agreement and be compensated as set forth in Section 17, “Termination”.
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8. Hazardous Materials
Client understands that Engineer’s services under this Agreement are limited to engineering and/or geological services and that Engineer shall have no responsibility to locate, identify, evaluate, treat, or otherwise consider or deal with hazardous materials. Client shall be solely responsible for notifying all appropriate federal, state, municipal, or other governmental agencies, including the potentially affected public, of the existence of any hazardous materials located on or in the project site, or located during the performance of this Agreement. The existence or discovery of hazardous materials shall constitute a Changed Condition under this Agreement.
9. Certificationss
Engineer shall not be required to execute any certification with regard to work performed, tested, or observed under this Agreement unless: 1) Engineer believes that sufficient work has been performed by Engineer to provide a sufficient basis to issue the certification, 2) Engineer believes that the work performed, tested, or observed meets the criteria of the certification, and 3) the exact form of such certification has been approved by Engineer, in writing, prior to execution of this Agreement. Any certification by Engineer is limited to an expression of professional opinion based upon the service performed by Engineer, and does not constitute a warranty or guarantee, either expressed or implied.
10. Allocation of Risk
10.1 Limitation of Liability
THE TOTAL CUMULATIVE LIABILITY OF ENGINEER, ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “ENGINEER” OR “ENGINEER ENTITIES”), TO CLIENT ARISING FROM SERVICES PERFORMED OR TO BE
PERFORMED BY ENGINEER FOR THIS PROJECT WHETHER IN CONTRACT, INDEMNITY, CONTRIBUTION, TORT, OR OTHERWISE, AND INCLUDING ATTORNEY’S FEES DUE UNDER THIS AGREEMENT, SHALL NOT EXCEED 100% OF GROSS COMPENSATION
RECEIVED BY ENGINEER UNDER THIS AGREEMENT AND PROVIDED, HOWEVER, THAT SUCH LIABILITY SHALL BE FURTHER LIMITED IN THE FOLLOWING RESPECTS:
ENGINEER ENTITIES SHALL NOT BE LIABLE TO CLIENT FOR ANY LOSSES, DAMAGES,
OR CLAIMS ARISING FROM DAMAGE TO SUBTERRANEAN STRUCTURES OR UTILITIES
WHICH ARE NOT CORRECTLY SHOWN ON PLANS FURNISHED BY CLIENT TO
ENGINEER DURING THE PERFORMANCE OF AUTHORIZED SERVICES OR WHICH ARE NOT CALLED TO ENGINEER’S ATTENTION BY CLIENT.
10.2 Indemnification
10.2.1 Hazardous Materials
Client agrees to indemnify and hold harmless the Engineer Entities from and against any and all claims, suits, liability, damages, injunctive or equitable relief, expenses, including attorneys’ fees, expert fees and costs, which arise from, or which is related to, the existence, disposal, release, discharge, treatment, or transportation of hazardous materials, or the exposure of any person to hazardous materials, or the degradation of the environment due to the presence, discharge, disposal, release of, or exposure to, hazardous material.
10.2.2 Indemnification Provisions
If any indemnification provision is imposed upon the Engineer Entities, such provisions shall not create, exceed, exert, or establish any greater rights, obligations, or responsibilities than those presently existing under the laws of negligence of the State of California, and the applicability of such provisions shall be limited to the insurance limits recoverable for such damages and losses. Engineer’s obligations for defense and/or indemnity resulting from such a provision or provisions shall be subject to and construed in accordance with California Civil Code Section 2782.8.
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10.3 Third Party Indemnification
Client agrees to defend, indemnify, and hold Engineer harmless from and against any and all third party claims, demands, causes of action, losses, damages, penalties, judgements, and awards together with Engineer’s attorney’s fees, expert fees and costs, except for those that are the result of Engineer’s sole negligence or willful misconduct. Additionally, and in light of the fact that Engineer’s scope of services under this proposal does not include inspection, analysis, or investigation of any kind into the design or construction of existing conditions at the Project, the Client agrees to defend, indemnify, and hold Engineer harmless from and against any and all claims, damages, liabilities, and costs, including all attorney’s fees, expert fees and costs of defense, arising out of or in any way related to existing conditions at the project.
10.4 Continuing Agreement
Client and Engineer agree that any and all protections, limitations of liability, and indemnification agreements noted herein shall extend to the officers, partners, and employees of Client and Engineer, respectively.
11. Engineer’s Insurance
Engineer shall obtain, if reasonably available: 1) statutory Workers’ Compensation/Employer’s Liability coverage; 2) Commercial General Liability; 3) Automobile Liability; and 4) Professional Liability insurance coverage in policy amounts not less than $1,000,000. Engineer agrees to issue certificates of insurance evidencing such policies upon written request.
12. Ownership and Maintenance of Documents
Client-provided documents will remain the property of Client. Unless otherwise specified in the Scope of Work, all documents and information obtained or prepared by Engineer in connection with the performance of the Services, including but not limited to Engineer’s reports, boring logs, maps, field data, field notes, drawings and specifications, laboratory test data, and other similar documents (collectively called “Documents”) are the property of Engineer, and Engineer shall, in its sole discretion, have the right to dispose of or retain the Documents. Reuse of Engineer’s documents for any purpose other than for this Project requires express written authorization from Engineer. Client agrees to defend, indemnify, and hold Engineer harmless from any and all claims resulting from any unauthorized use of Engineer’s Documents.
13. Relationship of the Parties
Engineer shall perform Services under this Agreement as an independent contractor, and its employees shall at all times be under its sole discretion and control. Engineer shall select the means, manner, and method of completing Services without detail, control, or direction from Client.
14. Third Party Reliance Upon Reports
All Documents are prepared solely for use by Client and shall not be provided to any other person or entity without Engineer’s prior written consent, nor shall they be mentioned, communicated, disclosed, or referred to in any offering circular, securities offering, loan application, real estate sales documentation, or similar promotional material, without the express written authorization of Engineer. Client shall defend, indemnify, and hold harmless Engineer, its officers, shareholders, and employees, including Engineer’s attorney’s fees, expert fees and costs, from and against any action, claim, or proceeding brought by any person or entity claiming to rely upon information or opinions contained in reports or other documents provided to such person or entity, published, disclosed, or referred to without Engineer’s written consent.
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No other party other than Client may rely, and Client shall make no representations to any party that such party may rely, on Documents without Engineer’s express written authorization.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or the Engineer. Engineer’s services under this Agreement are being performed solely for the Client’s benefit, and no other entity shall have any claim against the Engineer because of this Agreement or the performance or non-performance of services hereunder. The Client agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph.
15. Assignment and Subcontracts
Neither party shall assign this Agreement, or any part thereof, without the written consent of the other party. Engineer may subcontract for the services of others without obtaining Client’s consent where Engineer deems it necessary or desirable to have others perform certain Services.
16. Suspension and Delays
Client may, at any time, by ten (10) days written notice, suspend performance of all or any part of the Services by Engineer. Should such suspension continue for a period of sixty (60) days, then Engineer may terminate this Agreement and Client shall pay Engineer as set forth under Section 17, “Termination”.
17. Termination
17.1 Termination for Convenience
Engineer and Client may terminate this Agreement for convenience upon thirty (30) days written notice delivered or mailed to the other party.
17.2 Termination for Cause
In the event of material breach of this Agreement, non-breaching party may terminate if upon ten (10) days written notice, personally delivered, mailed, first class mail postage prepaid, or by electronic transmission with proof of receipt to the other party, which termination notice shall state the basis for the termination. The Agreement shall not be terminated for cause if the breaching party cures the breach within the ten (10) day period.
17.3 Payment on Termination
In the event of termination, other than caused by a material breach of this Agreement by Engineer, Client shall pay Engineer for the Services performed through the termination notice date, and for any necessary Services and expenses incurred in connection with the termination of the project, including but not limited to, the costs of completing analysis, records, and reports necessary to document job status at the time of termination, and costs associated with termination of subcontractor contracts.
Such compensation shall be based upon the schedule of fees then currently used by Engineer.
17.4 Claims Waiver
Client and Engineer hereby waive all claims against each other for punitive and consequential damages including, but not limited to, loss of use or lost profits.
18. Disputes
All disputes between Engineer and Client shall be subject to non-binding mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, the amount of time or money claimed, and requiring that the matter be mediated within forty-five (45) days of service of notice. The mediation shall be administered by JAMS Orange County in accordance with their most recent construction Mediation Rules, or by such other person or organization as the parties may agree upon.
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No action or suit may be commenced unless the mediation did not occur within forty-five (45) days after service of notice, the mediation occurred but did not resolve the dispute, or a statute of limitation would elapse if suit was not filed prior to the forty-five (45) days after service of notice.
19. Attorney Fees / Venue / Arbitration
Client and Engineer agree that the laws of the State of California govern the construction and interpretation of this Agreement and any dispute between the parties, including without limitation, disputes arising out of or relating to this Agreement, the professional relationship between the parties, and the professional services rendered by Engineer to Client shall be decided by binding arbitration under the arbitration rules of the JAMS to take place in Orange County, California. The fees for the arbitration and the arbitrator shall be divided equally between the parties subject to adjustment by the arbitrator. The arbitrator shall set forth his or her findings in writing and served upon the parties. The arbitration award may be enforced by the Orange County Superior Court. In the event enforcement proceedings and/or legal action arises relating to this Agreement, the interpretation thereof, or the failure of any party to perform the terms of Agreement, the prevailing party in the arbitration as well as in such action shall be, in addition to damages, injunctive relief or any other relief, entitled to reasonable attorneys’ fees and costs incurred in such an action. The parties waive their rights to a trial by jury.
20. Integration and Severability
These General Conditions and any attached proposal(s) reflect the entire Agreement of the parties with respect to its terms and supersedes all prior agreements, whether written or oral. If any portion of this Agreement is found to be void or voidable, such portion shall be deemed stricken and the Agreement shall be reformed to as closely approximate the stricken portions as the law allows.
End of General Conditions
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2022 SCHEDULE OF CHARGES
PROFESSIONAL SERVICES
Document Preparation and Project Services $ 105.00/hour CAD/GIS Design Engineer $ 120.00/hour
Staff Engineer or Geologist $ 165.00/hour
Senior Staff Engineer or Geologist $ 180.00/hour
Project Engineer or Geologist $ 200.00/hour
Senior Engineer or Geologist $ 235.00/hour
Associate Engineer or Geologist $ 255.00/hour
Principal/Director $ 280.00/hour
FIELD INSPECTION & TESTING SERVICES
Staff Engineering Technician $ 105.00/hour*
• Services provided under direct supervision of a Senior Engineering Technician Senior Engineering Technician $ 122.00/hour*
• Inspections for soils/grading, asphalt, concrete, batch plants, piles/caissons, etc. • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc.
Registered Special Inspector (No 4-hour minimum) $ 122.00/hour* • Certifications by ACI, ICC, Caltrans, local jurisdictions, etc. • Reinforced concrete, Post-Tension, Masonry, Welding, Bolting, Fireproofing Instrumentation Engineer $ 165.00/hour
• Slope inclinometer and Piezometer monitoring
• Manometer for floor-level surveys
• Stormwater turbidity & pH meter
• Groundwater monitoring - pressure transducer, datalogger, water chemistry meter, etc. • Pipeline video camera for drains, wells, etc.
Engineering Seismological Technician (includes 3-channel seismograph) $ 165.00/hour • Blast vibration monitoring
• Construction vibration & noise monitoring (pile driving, drilling, demolition, etc.) *Notes:
(1) Rates include vehicle, nuclear density gauge, and equipment for testing, inspection, and sampling. (2) No 4-hour minimum charges apply.
(3) Overtime is charged at 1.5 times the base rate. Overtime is defined as time worked on the project in excess of 8 hours per day and all time on Saturdays, Sundays, and holidays. (4) Prevailing Wage projects, additional hourly surcharge for Field Personnel per CA Labor Code §1720, et seq. Add $ 29.00/hour
LABORATORY TESTING SERVICES
Laboratory Testing $ 130.00/hour
(For special materials testing and laboratory costs on a per-test basis, see GMU’s Laboratory Fee Schedule)
OTHER CHARGES
Outside Services Cost + 15%
Reimbursables & Reprographics Cost
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475 Goddard, Suite 200 | Irvine, California 92618 | p. 949.753.7070 | www.ninyoandmoore.com August 10, 2022
Proposal No. 04-03763
Ms. Elaine Jeng
City Manager
City of Rolling Hills
2 Portuguese Bend Road
Rolling Hills, California 90274
Subject: Proposal for Geotechnical Evaluation
Proposed Additions and Improvements
Rolling Hills City Hall
Rolling Hills, California
Dear Ms. Jeng:
In accordance with your request, we have prepared this proposal to perform a geotechnical evaluation for the design and construction of the Proposed Additions and Improvements project at the Rolling Hills City Hall in Rolling Hills, California. We have prepared this proposal based on discussions with Mr. Alan Palermo, a review of preliminary plans, as well as review of readily available geological literature in the vicinity of the subject site. The purpose of our geotechnical services will be to evaluate the soil and geologic conditions at the site in order to develop geotechnical recommendations for the design and construction of the project.
We understand the proposed improvements will include additions to the front of the existing City Hall building that will include space for new restrooms, new lobby space, and bring the building into ADA compliance.
Based on our preliminary review, the site is underlain by fill and the Miocene-age Altamira Shale member of the Monterey Formation. The Altamira Shale typically consists of moderately hard shale and siltstone with porcelaneous and cherty interbeds. The site is not located within a mapped Earthquake Fault Zone and is not mapped as being located within a State of California Liquefaction Hazard Zone.
SCOPE OF SERVICES
Based on our understanding of the project, our scope of services will consist of a geotechnical evaluation of the site and will include the following:
• Project coordination, planning, and scheduling for subsurface exploration. 455
Ninyo & Moore | Rolling Hills City Hall Additions, Rolling Hills, California | 04-03763 | August 10, 2022 2 • Review of readily available background materials, including published geologic and seismic hazards maps, published literature, in-house information, stereoscopic aerial photographs, and reports and/or plans provided by the client.
• Acquiring a boring permit from the County of Los Angeles, Department of Environmental Health. • Site reconnaissance to evaluate the surface conditions at the site and to locate the proposed borings for coordination with Underground Services Alert (USA) for underground utility location. • Perform subsurface exploration consisting of drilling, logging, and sampling of two (2) smalldiameter borings with a limited access drill rig. The borings will be advanced to depths of up to approximately 10 to 20 feet below existing grades or to refusal, whichever is shallower. The borings will be used to evaluate the subsurface conditions and to collect samples for laboratory testing. Relatively undisturbed and bulk samples will be obtained at selected intervals from the borings and transported to our geotechnical laboratory for testing. Borings deeper than 10 feet will be backfilled with a bentonite cement grout in accordance with the boring permit. We have assumed excess soil cuttings may be spread in suitable areas of the site. • Laboratory testing of representative samples to evaluate in-situ moisture and density, gradation, Atterberg limits, direct shear strength, and corrosivity, as appropriate. • Data compilation and geotechnical analysis of the field and laboratory data, including analyses to evaluate and provide recommendations pertaining to the following:
o Suitability of the site for the proposed construction from a geotechnical standpoint. o Description of the geology and on-site soils anticipated at the site, including an evaluation of the geologic hazards, as encountered in the borings. o Excavation and compaction recommendations.
o Evaluation of foundation bearing capacities and discussion and recommendations for the proposed improvements.
o Evaluation of the corrosion potential of the site soils and the appropriate type of concrete to be utilized during construction.
• Preparation of a geotechnical report for the project. A boring location map, boring logs, and laboratory test results will be included in the report. The report will be signed and stamped by a California-registered Geotechnical Engineer (GE) and Engineering Geologist (CEG).
ASSUMPTIONS
The following assumptions have been made in the preparation of our scope of services:
• Site access will be granted and limited access drilling equipment will be able to mobilize to the proposed drilling locations during normal working hours (Monday through Friday, 7:00 a.m. to 5:00 p.m.
• The proposed project is subject to prevailing wage rates for our drilling subcontractor. • Our firm will contact USA Dig Alert prior to performing our subsurface evaluation. Ninyo & Moore will not be responsible for damage to utilities encountered during subsurface exploration that have not been marked out or shown on the plans.
456
Ninyo & Moore | Rolling Hills City Hall Additions, Rolling Hills, California | 04-03763 | August 10, 2022 3 • We have assumed excess drill cuttings may be spread in suitable areas of the site. If it is required that the soil cuttings be stored in drums, characterized, and disposed of off-site, additional testing and disposal fees will be required.
• Our field exploration does not include any sampling, testing, or chemical analysis of soil, groundwater, surface water, or other materials for the purpose of evaluating possible environmental hazards or risks. These services can be provided, if requested, as an additional scope of work.
SCHEDULE
Following receipt of the Notice to Proceed, Ninyo & Moore will commence the services described herein. Assuming that there are no delays due to weather or permitting, we anticipate that our field work will be completed within approximately two weeks after receiving the notice to proceed and will take one work day. Our laboratory testing will be completed approximately two weeks after completion of the field evaluation, and our report will be issued approximately two weeks after completion of the laboratory testing. Preliminary design parameters can be provided upon completion of the laboratory testing upon request.
FEE
The fee for our evaluation services described above will be accrued in accordance with the attached Schedule of Fees. A detailed breakdown of our fee and hours is presented in the attached Table 1.
Ninyo & Moore appreciates the opportunity to provide our services on this project and we look forward to working with you.
Respectfully submitted,
NINYO & MOORE
Ronald D. Hallum, PG, CEG
Principal Geologist
RDH/mlc
Attachments: Table 1 – Breakdown of Fee
Schedule of Fees
457
Senior Engineer/Geologist/Environmental Scientist 2 hours @ 190.00 $ /hour 380.00 $ Senior Staff Engineer/Geologist/Environmental Scientist 3 hours @ 150.00 $ /hour 450.00 $ Subtotal 830.00 $
Senior Staff Engineer/Geologist/Environmental Scientist 1 hour @ 150.00 $ /hour 150.00 $ Permit Fees (Groundwater) Lump Sum 150.00 $
Subtotal 300.00 $
Senior Staff Engineer/Geologist/Environmental Scientist 3 hours @ 150.00 $ /hour 450.00 $ Field Vehicle and Equipment Usage 3 hours @ 15.00 $ /hour 45.00 $ Subtotal 495.00 $
Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ 150.00 $ /hour 1,200.00 $ HSA Truck Drill Rig (Subcontractor) - Prevailing Wage 4 hours @ 465.00 $ /hour 1,860.00 $ Drill Rig Support Vehicle 0.5 day @ 575.00 $ /day 287.50 $ Drill Rig Mobilization/Demobilization (Prevailing Wage) 1 hour @ 465.00 $ /hour 465.00 $ Grout Backfill 15 feet @ 12.00 $ /foot 180.00 $
Field Vehicle and Equipment Usage 8 hours @ 15.00 $ /hour 120.00 $ Subtotal 4,112.50 $
$ 1,000.00
Subtotal 1,000.00 $
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 195.00 $ /hour 390.00 $ Project Engineer/Geologist/Environmental Scientist 8 hours @ 175.00 $ /hour 1,400.00 $ Senior Staff Engineer/Geologist/Environmental Scientist 10 hours @ 150.00 $ /hour 1,500.00 $ Subtotal 3,290.00 $
Principal Engineer/Geologist/Environmental Scientist 2 hours @ 195.00 $ /hour 390.00 $ Senior Engineer/Geologist/Environmental Scientist 4 hours @ 190.00 $ /hour 760.00 $ Senior Staff Engineer/Geologist/Environmental Scientist 8 hours @ 150.00 $ /hour 1,200.00 $ Technical Illustrator/CAD Operator 3 hours @ 103.00 $ /hour 309.00 $ Data Processor 3 hours @ 75.00 $ /hour 225.00 $
Subtotal 2,884.00 $
TOTAL FEE $ 12,911.50
Table 1 - Breakdown of Fee
Report Preparation
Project Coordination and Background Review
Subsurface Evaluation
(Assumes 2 borings up to approximately 20 feet deep)
Data Compilation and Analysis
Laboratory Analyses
Tests to include moisture and dry density, sieve analysis, Atterberg limits, shear strength, and corrosivity, as appropriate.
Permit Acquisition
Site Reconnaissance and Markout for Utility Clearance
Ninyo & Moore | Rolling Hills City Hall Additions, Rolling Hills, California | 04-03763 | CA13 | August 10, 2022 458 1 Ninyo & Moore | Rolling Hills City Hall Additions, Rolling Hills, California | 04-03763 | August 10, 2022 CA13 Schedule of Fees
Hourly Charges for Personnel
Professional Staff
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist................................................$ 195 Senior Engineer/Geologist/Environmental Scientist .................................................................................................$ 190 Senior Project Engineer/Geologist/Environmental Scientist.....................................................................................$ 185 Project Engineer/Geologist/Environmental Scientist.................................................................................................$ 175 Senior Staff Engineer/Geologist/Environmental Scientist.........................................................................................$ 150 Staff Engineer/Geologist/Environmental Scientist.....................................................................................................$ 145 GIS Analyst................................................................................................................................................................$ 125 Technical Illustrator/CAD Operator ...........................................................................................................................$ 103 Field Staff
Certified Asbestos/Lead Technician......................................................................................................................... $ 185 Field Operations Manager.........................................................................................................................................$ 125 Nondestructive Examination Technician (UT, MT, LP).............................................................................................$ 119 Supervisory Technician ............................................................................................................................................ $ 115 Special Inspector (Concrete, Masonry, Structural Steel, Welding, and Fireproofing)............................................. $ 109 Senior Technician..................................................................................................................................................... $ 108 Technician................................................................................................................................................................. $ 103 Administrative Staff
Information Specialist ................................................................................................................................................$ 85 Geotechnical/Environmental/Laboratory Assistant ...................................................................................................$ 80 Data Processor..........................................................................................................................................................$ 75 Other Charges
Concrete Coring Equipment (includes technician).............................................................................................. $ 190/hr Anchor Load Test Equipment (includes technician) ........................................................................................... $ 190/hr GPR Equipment................................................................................................................................................... $ 180/hr Inclinometer ......................................................................................................................................................... $ 100/hr Hand Auger Equipment....................................................................................................................................... $ 80/hr Rebar Locator (Pachometer)............................................................................................................................... $ 25/hr Vapor Emission Kit .............................................................................................................................................. $ 65/kit Nuclear Density Gauge ....................................................................................................................................... $ 12/hr X-Ray Fluorescence............................................................................................................................................ $ 70/hr PID/FID................................................................................................................................................................ $ 25/hr Air Sampling Pump.............................................................................................................................................. $ 10/hr Field Vehicle ........................................................................................................................................................ $ 15/hr Expert Witness Testimony................................................................................................................................... $ 450/hr Direct Expenses .................................................................................................................................... Cost plus 15 % Special equipment charges will be provided upon request.
Notes
For field and laboratory technicians and special inspectors, overtime rates at 1.5 times the regular rates will be charged for work performed in excess of 8 hours in one day Monday through Friday and all day on Saturday. Rates at twice the regular rates will be charged for all work in excess of 12 hours in one day, all day Sunday and on holidays.
Field technician and special inspection hours are charged at a 4-hour minimum, and 8-hour minimum for hours exceeding 4 hours.
Invoices are payable upon receipt. A service charge of 1.5 percent per month may be charged on accounts not paid within 30 days.
Our rates will be adjusted in conjunction with the increase in the Prevailing Wage Determination during the life of the project, as applicable.
The terms and conditions are included in Ninyo & Moore’s Work Authorization and Agreement form. 459
Ninyo & Moore | 2021 Laboratory Testing
Schedule of Fees for Laboratory Testing
SOILS CONCRETE
Atterberg Limits, D 4318, CT 204..............................................................$ 170 Compression Tests, 6x12 Cylinder, C 39 ...................................................$ 35 California Bearing Ratio (CBR), D 1883....................................................$ 550 Concrete Mix Design Review, Job Spec.....................................................$ 300 Chloride and Sulfate Content, CT 417 & CT 422 .....................................$ 175 Concrete Mix Design, per Trial Batch, 6 cylinder, ACI...............................$ 850 Consolidation, D 2435, CT 219..................................................................$ 300 Concrete Cores, Compression (excludes sampling), C 42 .......................$ 120 Consolidation, Hydro-Collapse only, D 2435............................................$ 150 Drying Shrinkage, C 157..............................................................................$ 400 Consolidation – Time Rate, D 2435, CT 219............................................$ 200 Flexural Test, C 78 .......................................................................................$ 85 Direct Shear – Remolded, D 3080 ............................................................$ 350 Flexural Test, C 293 .....................................................................................$ 85 Direct Shear – Undisturbed, D 3080 .........................................................$ 300 Flexural Test, CT 523...................................................................................$ 95 Durability Index, CT 229.............................................................................$ 175 Gunite/Shotcrete, Panels, 3 cut cores per panel and test, ACI................$ 275 Expansion Index, D 4829, IBC 18-3..........................................................$ 190 Lightweight Concrete Fill, Compression, C 495 .........................................$ 80 Expansion Potential (Method A), D 4546..................................................$ 170 Petrographic Analysis, C 856 ......................................................................$ 2,000 Geofabric Tensile and Elongation Test, D 4632.......................................$ 200 Restrained Expansion of Shrinkage Compensation ..................................$ 450 Hydraulic Conductivity, D 5084..................................................................$ 350 Splitting Tensile Strength, C 496.................................................................$ 100 Hydrometer Analysis, D 6913, CT 203......................................................$ 220 3x6 Grout, (CLSM), C 39 .............................................................................$ 55 Moisture, Ash, & Organic Matter of Peat/Organic Soils ...........................$ 120 2x2x2 Non-Shrink Grout, C 109 .................................................................$ 55 Moisture Only, D 2216, CT 226 .................................................................$ 35 Moisture and Density, D 2937 ...................................................................$ 45 ASPHALT Permeability, CH, D 2434, CT 220 ............................................................$ 300 Air Voids, T 269 ............................................................................................$ 85 pH and Resistivity, CT 643.........................................................................$ 175 Asphalt Mix Design, Caltrans (incl. Aggregate Quality).............................$ 4,500 Proctor Density D1557, D 698, CT 216, AASHTO T-180........................$ 220 Asphalt Mix Design Review, Job Spec .......................................................$ 180 Proctor Density with Rock Correction D 1557 ..........................................$ 340 Dust Proportioning, CT LP-4........................................................................$ 85 R-value, D 2844, CT 301 ...........................................................................$ 375 Extraction, % Asphalt, including Gradation, D 2172, CT 382....................$ 250 Sand Equivalent, D 2419, CT 217.............................................................$ 125 Extraction, % Asphalt without Gradation, D 2172, CT 382........................$ 150 Sieve Analysis, D 6913, CT 202................................................................$ 145 Film Stripping, CT 302..................................................................................$ 120 Sieve Analysis, 200 Wash, D 1140, CT 202.............................................$ 100 Hveem Stability and Unit Weight D 1560, T 246, CT 366 .........................$ 225 Specific Gravity, D 854...............................................................................$ 125 Marshall Stability, Flow and Unit Weight, T 245.........................................$ 240 Thermal Resistivity (ASTM 5334, IEEE 442)............................................$ 925 Maximum Theoretical Unit Weight, D 2041, CT 309..................................$ 150 Triaxial Shear, C.D, D 4767, T 297 ...........................................................$ 550 Moisture Content, CT 370............................................................................$ 95 Triaxial Shear, C.U., w/pore pressure, D 4767, T 2297 per pt ................$ 450 Moisture Susceptibility and Tensile Stress Ratio, T 238, CT 371 .............$ 1,000 Triaxial Shear, C.U., w/o pore pressure, D 4767, T 2297 per pt.......................$ 350 Slurry Wet Track Abrasion, D 3910.............................................................$ 150 Triaxial Shear, U.U., D 2850......................................................................$ 250 Superpave, Asphalt Mix Verification (incl. Aggregate Quality)..................$ 4,900 Unconfined Compression, D 2166, T 208.................................................$ 180 Superpave, Gyratory Unit Wt., T 312..........................................................$ 100 Superpave, Hamburg Wheel, 20,000 passes, T 324.................................$ 1,000 MASONRY Unit Weight sample or core, D 2726, CT 308.............................................$ 100 Brick Absorption, 24-hour submersion, 5-hr boiling, 7-day, C 67............$ 70 Voids in Mineral Aggregate, (VMA) CT LP-2..............................................$ 90 Brick Compression Test, C 67...................................................................$ 55 Voids filled with Asphalt, (VFA) CT LP-3 ....................................................$ 90 Brick Efflorescence, C 67...........................................................................$ 55 Wax Density, D 1188................................................................................... $ 140 Brick Modulus of Rupture, C 67.................................................................$ 50 Brick Moisture as received, C 67...............................................................$ 45 AGGREGATES Brick Saturation Coefficient, C 67..............................................................$ 60 Clay Lumps and Friable Particles, C 142 ...................................................$ 180 Concrete Block Compression Test, 8x8x16, C 140 .................................$ 70 Cleanness Value, CT 227............................................................................$ 180 Concrete Block Conformance Package, C 90..........................................$ 500 Crushed Particles, CT 205...........................................................................$ 175 Concrete Block Linear Shrinkage, C 426..................................................$ 200 Durability, Coarse or Fine, CT 229..............................................................$ 205 Concrete Block Unit Weight and Absorption, C 140 ................................$ 70 Fine Aggregate Angularity, ASTM C 1252, T 304, CT 234 .......................$ 180 Cores, Compression or Shear Bond, CA Code........................................$ 70 Flat and Elongated Particle, D 4791 ...........................................................$ 220 Masonry Grout, 3x3x6 prism compression, C 39 .....................................$ 45 Lightweight Particles, C 123 ........................................................................$ 180 Masonry Mortar, 2x4 cylinder compression, C 109..................................$ 35 Los Angeles Abrasion, C 131 or C 535.......................................................$ 200 Masonry Prism, half size, compression, C 1019 ......................................$ 120 Material Finer than No. 200 Sieve by Washing, C 117..............................$ 90 Masonry Prism, Full size, compression, C 1019 ......................................$ 200 Organic Impurities, C 40 ..............................................................................$ 90 Potential Alkali Reactivity, Mortar Bar Method, Coarse, C 1260...............$ 1,250 REINFORCING AND STRUCTURAL STEEL Potential Alkali Reactivity, Mortar Bar Method, Fine, C 1260....................$ 950 Chemical Analysis, A 36, A 615.................................................................$ 135 Potential Reactivity of Aggregate (Chemical Method), C 289 ...................$ 475 Fireproofing Density Test, UBC 7-6 ..........................................................$ 90 Sand Equivalent, T 176, CT 217 .................................................................$ 125 Hardness Test, Rockwell, A 370 ...............................................................$ 80 Sieve Analysis, Coarse Aggregate, T 27, C 136........................................$ 120 High Strength Bolt, Nut & Washer Conformance, Sieve Analysis, Fine Aggregate (including wash), T 27, C 136 ................$ 145 per assembly, A 325 .............................................................................$ 150 Sodium Sulfate Soundness, C 88 ...............................................................$ 450 Mechanically Spliced Reinforcing Tensile Test, ACI................................$ 175 Specific Gravity and Absorption, Coarse, C 127, CT 206 .........................$ 115 Pre-Stress Strand (7 wire), A 416..............................................................$ 170 Specific Gravity and Absorption, Fine, C 128, CT 207 ..............................$ 175 Reinforcing Tensile or Bend up to No. 11, A 615 & A 706......................$ 75 Structural Steel Tensile Test: Up to 200,000 lbs., A 370 .........................$ 90 ROOFING Welded Reinforcing Tensile Test: Up to No. 11 bars, ACI.......................$ 80 Roofing Tile Absorption, (set of 5), C 67.....................................................$ 250 Roofing Tile Strength Test, (set of 5), C 67 ................................................$ 250 Special preparation of standard test specimens will be charged at the technician’s hourly rate.
Ninyo & Moore is accredited to perform the AASHTO equivalent of many ASTM test procedures. 460
Agenda Item No.: 13.A
Mtg. Date: 09/12/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: JOHN SIGNO, DIRECTOR OF PLANNING & COMMUNITY SERVICES THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: DISCUSS COYOTE CONTROL MEASURES (BLACK)
DATE: September 12, 2022
BACKGROUND:
On May 1, 2022, an agreement between Los Angeles County and the City of Rolling Hills was made for pest control services from July 1, 2022 to June 30, 2023.
DISCUSSION:
This item is on the agenda at the direction of Council to discuss coyote management.
Recently, staff has been contacted by members of the public concerned with the proliferation of coyotes in the community. At the August 22, 2022 Council meeting, homeowner Shirley Langer expressed concerns about coyote management along Possum Ridge Road. Concerns included dogs getting chased or harassed and pets being killed by coyotes.
Conversely, the City has also been contacted by homeowner Leslie Stetson who is in support of coyotes and other wildlife in the community. Ms. Stetson has questioned the City's need for coyote management and the contract with Los Angeles County for a trapper.
FISCAL IMPACT:
The current agreement with Los Angeles County is for an amount not to exceed $25,000 paid under the General Fund.
RECOMMENDATION:
Discuss the matter and provide direction to staff.
ATTACHMENTS:
2022.05.01_Animal Care and Control Agreement779.pdf
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Agenda Item No.: 13.B
Mtg. Date: 09/12/2022
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: CHRISTIAN HORVATH, CITY CLERK / EXECUTIVE ASSISTANT TO
CITY MANAGER
THRU: ELAINE JENG P.E., CITY MANAGER
SUBJECT: DISCUSSION REQUEST BY THE WOMEN'S CLUB BEAUTIFICATION
COMMITTEE FOR NEW FENCING ALONG ON PORTUGUESE BEND
ROAD, ADJACENT TO CITY HALL CAMPUS (BLACK)
DATE: September 12, 2022
BACKGROUND:
At the August 22, 2022 City Council Meeting, representatives from the Women's Club Beautification Committee spoke during public comment on the roses and fencing along Portuguese Bend Rd at the City Hall Campus. Mayor Black requested that an agenda item be brought forth at the next meeting. Attached is the letter that was presented to the Council that evening.
DISCUSSION:
None.
FISCAL IMPACT:
Fiscal impact is unknown at this time.
RECOMMENDATION:
Provide direction to staff.
ATTACHMENTS:
CL_AGN_220912_CC_WomensClub_Letter.pdf
CL_AGN_220912_CC_WomensClub_Fencing_PublicComment01.pdf 470
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From: Judy Martin
To: Christian Horvath
Cc: Beth Howell
Subject: Fw: Main Gate Fencing
Date: Wednesday, September 7, 2022 7:30:43 AM
Christian,
Will you please send this to all the City Council members in the blue sheet, from the Women's Club. We need for them to have this information before the Sep. 12th meeting.
Thank you, Judy Martin
All City Council members,
This note from Leslie Stetson, President of Caballeros is helpful regarding our need for a new vinyl fence. Country Estate Fence Co. will be working in Rolling Hills in November. I hope you will act quickly in order to have a new vinyl fence by Thanksgiving.
This is Leslie's response to me regarding the fence:
I am up to speed on the fence issue as Arty called me last week and I spoke with Nancy briefly. I then took a good look on my way into our Cab BOD meeting and yes it needs replacing. I would recommend the product we have chosen for redoing Caballeros Arena, since it has worn well, has been improved with a longer warranty and we like the company's quality installation. It will also be maintenance free and since it is a pathway it gets limited use and is not like horse corral wear and tear. I am sure they would be happy to quote you and yours is a fairly simple job. The company is Country Estate Fence Co. in Corona 1.800.266.0999 and they will be here first of November to do the ring so you might be able to get them here that first week?
All the best,
L
Leslie Stetson
Realtor, CalBRE #01415902
Cell 310.936.1283 | Direct 310.265.2177
[email protected]
"Happy Trails"
Berkshire Hathaway HomeServices
California Properties
600 Deep Valley Drive
Rolling Hills Estates, CA 90274
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