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Resolution No. 8245
r r• c _ 1 K 3 4 5 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8245 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND LOWNEY ASSOCIATES FOR THE MALBURG GENERATING STATION PROJECT WHEREAS, the City of Vernon ("City") is in the process of developing a 134 MW Combined Cycle Power Plant officially named the Malburg Generating Station (the "Malburg Project") for the purpose of installing additional generating capacity that will yield an efficient, cost-effective, and reliable source of electric generation to the City of Vernon's inhabitants; and WHEREAS, the City has determined that it needs the services of a consultant who possesses the technical knowledge and expertise to perform geotechnical and construction materials observation and testing ("Special Inspection") services during construction of the Malburg Project; and WHEREAS, Samuel W. Grossman, the City's Project Director for the Malburg Project, requested proposals from qualified consultants to assist the City; and WHEREAS, Lowney Associates ("Lowney") submitted a proposal dated May 21, 2003, that includes a description of the proposed Special Inspection services and the cost of those services; and WHEREAS, Samuel W. Grossman, the City's Project Director for the Malburg Project, has reviewed the proposal from Lowney and requested that the City utilize Lowney's services; and WHEREAS, by letter dated June 26, 2003., Bruce V. Malkenhorst, City Administrator/City Clerk, recommended that an agreement with r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Lowney be approved and executed; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into a contract with Lowney setting forth the terms and conditions for the performance of Special Inspection Services during construction of the Malburg Project to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Professional Consulting Services with Lowney Associates, a copy which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf'of, the City of Vernon. SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Lowney Associates Attn. Danh Tran, Senior Project Manager 251 E. Imperial Highway, Suite 470 Fullerton, CA 92835 - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a i SECTION 5: The City Clerk of the City of Vernon shall. certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 2nd day of July, 2003. LEONIS C. MALB G, Ma or ATTEST: BRUCE V. MALKENHORST, City Clerk - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8245, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, July 2, 2003, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT 0 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of July, 2003, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, California 90058-0805 AND LOWNEY ASSOCIATES, a California corporation (hereinafter referred to as "Consultant") 251 E. Imperial Highway, Suite 470 Fullerton, California 92835 RECITALS WHEREAS, City is constructing the Malburg Generating Station Combined Cycle Power Plant (the "Malburg Project") for purposes of installing additional generating capacity that is capable of yielding cost effective, efficient and reliable electricity to meet its goals, while meeting Federal, State and local environmental and siting requirements; and WHEREAS, City requires a consultant to perform geotechnical and construction materials observation and testing ("Special Inspection") services during construction of the Malburg Project; and WHEREAS, City requested proposals from qualified consultants to assist City; and WHEREAS, Consultant submitted a proposal to City dated May 21, 2003, (hereinafter referred to as "Consultant's Proposal"), which includes a description of the proposed geotechnical and Special 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Inspection services and the cost of the services, a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth; and WHEREAS, Consultant is familiar with the Malburg Project having performed geotechnical explorations at the site and having completed a Site Specific Seismic Review report for the City; and WHEREAS, Consultant has worked on more than eight energy center projects throughout California and has worked with both Calpine Corporation and Power Engineers, both of whom are consultants performing services for the City in connection with the Malburg Project; and WHEREAS, Samuel W. Grossman, the City's Project Director for the Malburg Project has reviewed the Consultant's Proposal and has advised City that it is reasonable and recommends that City retain Consultant to perform the Special Inspection services necessary for the Malburg Project; and WHEREAS, Consultant represents that it is qualified and willing to render such professional services as hereinafter defined; and WHEREAS, Consultant acknowledges that the work it will be performing under this Agreement is an important component in the construction of the Malburg Project and will use its best efforts to coordinate its work with Malburg Project requirements to ensure timely compliance with the requirements of the conditions of certification and construction of the Malburg Project; and WHEREAS, based upon Consultant's qualifications and experience, City desires to engage the services of Consultant to perform the services identified in the Proposal. - 2 - c . . A 2 3 4 5 6 7 8 9 10 11 12 Paz 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET (FORTH HEREIN: 1. SCOPE OF WORK. Consultant shall perform its services under the general supervision of City's Director of Utilities and/or City Administrator and Consultant's scope of services shall be assigned by City's Director of Utilities and/or City Administrator. Consultant's services shall include, but shall not be limited to the following tasks: (1) geotechnical observation and testing consisting of geotechnical field services and office services; and (2) construction materials observation and testing or "Special Inspection" consisting of field services. Consultant will not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the job or the work of any contractor, subcontractor, or their agents or employees, or any other person performing work or services on the job or at the site. It is understood and agreed that in the event of a conflict between Consultant's Proposal and this Agreement, the terms of this Agreement shall prevail. The totality of all services provided by Consultant under or in connection with this Agreement and the Malburg Project is sometimes herein referred to as the "Services." Consultant agrees that all Services provided will be conducted by the principal and, if staff members or subcontractors are used, their work will be under the supervision of the principal. Consultant shall undertake and carry on the work diligently to conclusion, using that standard of care, skill, and diligence normally provided by professional person in the performance of such Services. - 3 - t 2 %A n 5 6 7 8 X' 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. PROGRESS REPORTS. Consultant shall meet with City staff, upon City's request, or as needed, in order to provide reports or information concerning the Services being performed by Consultant under this Agreement. Consultant shall provide monthly written progress reports to the City. In addition, Consultant shall advise City, as quickly as possible, of any significant milestones or conclusions that will affect City's ability to complete the Malburg Project on time and/or assist City in making progress toward the completion of the Malburg Project. 3. TIME OF PERFORMANCE. Consultant's Services shall commence upon the signing of the Agreement by both parties. Consultant shall have twelve (12) months to complete the work on the items identified in Consultant's Proposal, unless this Agreement is otherwise terminated or extended. 4. COMPENSATION. A. Consulting Costs. City shall pay Consultant on a time and materials basis according to the "Schedule of Hourly Fee Rates," a copy of which is attached hereto as Exhibit "B" and incorporated herein by this reference as though fully set forth at length. The total amount to be paid to Consultant for the Services under this Agreement shall not exceed the sum of Four Hundred Ninety -Eight Thousand Nine Hundred Dollars and No Cents ($498,900.00). If changes and extra Services are requested by City pursuant to Paragraph 6 of this Agreement, then City shall pay for those Services on a time and materials basis according to Exhibit "B." - 4 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. Other Expenses. Expenses may only be billed if written approval has been obtained in advance from the City Administrator. 5. METHOD OF PAYMENT. Consultant shall submit within thirty (30) days after the last day of any month in which Services have been performed or costs incurred hereunder an invoice to City for payment. Invoices shall contain an itemization of Services rendered, directly related job expenses and subcontractor charges incurred by Consultant for which compensation is due, and an estimate of the percentage completed for each milestone or task. Consultant shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill City directly. Payment of each invoice shall be made after acceptance and approval by City within thirty (30) days of receipt. City's approval of the invoice shall not be unreasonably withheld. 6. CHANGES AND EXTRA SERVICES. City reserves the right to request changes in the Services to be performed by Consultant. All such changes shall be incorporated in written change orders executed by City and Consultant which shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any Services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. - 5 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. PRODUCTS OF CONSULTING. All documents, data, databases, studies, surveys, drawings, maps, models, photographs and reports prepared by Consultant under this Agreement shall be considered the property of City. Such documents and materials shall be delivered to City by Consultant as they are generated; however, Consultant may take and retain copies of such documents and materials as desired. 8. CONFLICTS OF INTEREST. In the event that a potential conflict should arise between the interests of City and the interests of any one of Consultant's other clients, during Consultant's performance of Services under this Agreement, Consultant shall notify City of such potential conflict. Notice of the existence of a potential conflict of interest shall be given in writing to City within ten (10) days of the perceived conflict. The conflict of interest letter shall specify when the potential conflict arose, the identity of the other party(ies) and the facts that give rise to the potential conflict. In the event that a potential conflict of interest is deemed by City to be an actual conflict of interest, City may, at its discretion, terminate this Agreement immediately. Q TT\TrP7r)1: CTC (17 ! nMCZTTT.TLT\TT Consultant affirms that it presently has no interest and shall not have any interest, direct or indirect in any real property in City or any other interest, which would conflict in any manner with performance of the Services contemplated by this agreement. No person having such interest shall be employed by or be associated with Consultant. - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10. TERMINATION. This Agreement may be terminated by City without cause on ten (10) days written notice to Consultant. In the event of such termination by City, Consultant shall be entitled to only the compensation earned by it prior to the date of the termination notice, plus compensation for necessary work performed during the ten (10) day notice period and authorized in the termination notice. 11. NOTICES. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Consultant: LOWNEY ASSOCIATES ATTN: DANH TRAN, SENIOR PROJECT MANAGER 251 EAST IMPERIAL HIGHWAY, SUITE 470 FULLERTON, CA 92835 12. CONFIDENTIAL INFORMATION. A. Access to Confidential Information. City may provide Consultant and/or its subcontractor with, or allow Consultant access to, certain information not available to the public concerning City, or businesses located in City. The information may include company information, taxes, sales, value of assets, or other such information. All such information shall be known as "Confidential Information" and may not be used to circumvent the responsibility of either party to this Agreement. - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. No Disclosure. Except as expressly permitted, Consultant and/or its subcontractor shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of City. Consultant and/or its subcontractor shall return any written Confidential Information and all copies made of such items to City upon City's written request, but in any event not later than the date that Consultant has performed all Services to be performed pursuant to this Agreement. Consultant hereby agrees that such Confidential Information and any documents provided may be used by Consultant and/or its subcontractor only as authorized by City. Consultant shall include a contract provision in its contract with subcontractors that binds the subcontractors to this non -disclosure requirement. Consultant shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. C. Court Ordered Disclosure. Consultant shall immediately notify City of any court order or subpoena requiring disclosure of Confidential Information, and shall cooperate with City's legal counsel in responding to any such order or subpoena. Consultant may only disclose Confidential Information required to be disclosed pursuant to court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge. D. Remedies. In addition to any other remedies that it may have at law or in equity, City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (breach or threatened breach of the Confidential Information provisions lof this Agreement. Consultant acknowledges that in case of such breach) jor threatened breach of said provisions, City would have no adequate (remedy at law. 13. LIMITATIONS ON CONSULTANT'S LIABILITY. City recognizes the inherent risks connected with construction activities, geotechnical investigations, environmental investigations, and assessments. City also recognizes that the actual conditions at the site may vary from those observed by Consultant when performing the work. City specifically acknowledges and agrees that the interpretations and recommendations of Consultant are based on information actually reviewed and conditions actually observed by Consultant. Consultant shall not be responsible for the validity or accuracy of data collected by others or interpretations made by other. The City understands and acknowledges that the work poses certain risks to both Consultant and the City. City further acknowledges and agrees that the amount of risk that Consultant accepts by this Agreement is commensurate with the amount of compensation received under this Agreement for the work. Consultant's fee for the work is based on and reflects City's agreement to limit Consultant's liability as described below. City specifically acknowledges and agrees that but for this promise to limit Consultant's liability, Consultant's fee would be significantly higher to accommodate Consultant for the risks posed by the work and entering this Agreement. In reliance on the foregoing and in consideration for the fee proposed, City specifically acknowledges and agrees that, to the fullest extent permitted by law, Consultant's total liability for any and all injuries, claims, liabilities, losses, costs, expenses, or - 9 - . . A . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MOV 27 damages whatsoever including, without limitation, attorneys' fees and legal costs (hereinafter "claims") to City and any third party arising out of or in any way related to the work or this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors, omissions, or breach of contract or any duty, is limited to and shall not exceed the amount of Consultant's fee, except when the claim arises from the sole negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. Consultant will serve the City by providing professional counsel and technical advice based on information furnished by City. The City will make available to Consultant all known information regarding existing and proposed conditions of the site, including the location of all underground utilities and installation, and will immediately transmit any new information that becomes available or any change in plans. When hazardous materials are known, assumed or suspected to exist at a site, Consultant may be required by law to take appropriate precautions to protect the health and safety of its personnel. City hereby warrants that if it knows or has any reason to assume or suspect that hazardous materials may exist at the project site, City will immediately inform Consultant and warrants that City has done its best to inform Consultant of the known or suspected hazardous materials' type, quantity, and location. City and Consultant agree that Consultant shall not be responsible for any claims, damages, costs, or losses arising from or in any way related to conditions not actually encountered during the course of Consultant's work and Consultant shall not have any liability or responsibility for losses resulting from inaccurate or incomplete - 10 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 19 20 21 22 23 24 25 26 27 W:A information supplied by City, and City agrees to defend and indemnify Consultant against claims, damages, costs, or losses arising therefrom except when the claim arises from the negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. Consultant shall not be liable for failing to discover any condition the discovery of which would reasonably require the performance of services not authorized by City. 14. MONITORING OF CONSTRUCTION. City hereby acknowledges and understands that unanticipated or changed conditions may be encountered during construction. Further, there is a substantial risk to both the City and Consultant if Consultant is not engaged to provide complete services, including but not limited to, construction observation services. Such risks include the increased likelihood of misinterpretation of Consultant's findings and conclusions, and error in implementing recommendations by Consultant. Therefore, if the City fails to retain Consultant to provide complete services, the City agrees to defend and indemnify Consultant against all claims, damages, costs, and losses arising out of or in any way related to the work or arising out of implementing or interpreting Consultant's work product except when the claim arises from the negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. 15. HAZARDOUS MATERIALS. Hazardous materials or other toxic substances may exist lat a site where there is no reason known to City to believe they could or should be present. Consultant and City agree that the discovery of unanticipated potentially hazardous materials constitutes a changed . + M 1 2 3 4 5 6 7 X 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 condition mandating a renegotiation of the scope of work or termination of work. Consultant and City also agree that the discovery of unanticipated potentially hazardous materials may make it necessary for Consultant to take immediate measures to protect public health, safety, and the environment. Should a direct and immediate threat to the public health, safety, and the environment occur, Consultant will take only such steps as are reasonably necessary to protect the public health, safety, and the environment. Consultant agrees to notify City as soon as practically possible should unanticipated hazardous materials be encountered for direction. City encourages Consultant to take any or all measures that in Consultant's professional opinion are justified to preserve and protect the health and safety of Consultant's personnel, the public, and the environment, and City agrees to compensate Consultant for the cost of such services. Further, the City agrees to defend and indemnify Consultant from any and all claims, damages, costs, and losses arising out of or in any way related to subsurface sampling, including, but not limited to, claims, damages, costs, and losses arising from cross - contamination except when the claim arises from the negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. 16. CONTAMINATION OF A WATER -BEARING ZONE. Subsurface sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring is advanced or drilled through a contaminated area, into a clean soil or water -bearing zone. Because of the risks posed by such work, and because subsurface sampling is often a necessary part of Consultant's work, the City hereby agrees to waive all claims against Consultant - 12 - 1 2 3 4 5 6 7 8 "sl 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (that in any way arise out of subsurface sampling, including claims (relating to cross -contamination, except when the claim arises from the (negligence of Consultant or where the claim arises from the willful, (wanton, or reckless conduct of Consultant. 17. DISPOSAL OF SAMPLES AND DRILL CUTTINGS. Consultant shall hold samples collected during the performance of its work no longer than 45 calendar days after issuance of any document that includes data obtained from them unless City advises in writing otherwise; drill cutting will be left on -site. In the event that soil, rock, water, or drill cuttings, and/or other samples or materials are contaminated or are suspected to contain hazardous materials or other toxic substances hazardous or detrimental to public health, safety, or the environment as defined by federal, state, or local statutes, regulations, or ordinances, Consultant will, after completion of testing, notify the City of same in order for the City to arrange for the disposal of samples and materials. The City recognizes and agrees that Consultant at no time assumes title to said samples and/or materials. The City, not Consultant, remains ultimately responsible for selecting the disposal or treatment facility to which such samples and/or materials are to be delivered. The City agrees to pay all costs associated with any storage, transportation, and disposal of samples and materials, and to defend and indemnify Consultant from any and all claims arising out of or in any way related to the storage, transport, and disposal of asbestos, hazardous or toxic substances, or pollutants, including but not limited to, any samples and/or materials, except when the claim arises from the negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. - 13 - 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 18. RIGHT OF ENTRY. The City will provide for right of entry of Consultant's personnel and all necessary equipment, in order to complete the work. While Consultant will take all reasonable precautions to minimize any damage to the property, including underground utilities, it is acknowledged and agreed by City that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. Accordingly, City shall waive any claim against Consultant and agree to defend and indemnify Consultant from any claims arising from entering or working on the site which is the subject of the work, except when the claim arises from the negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. 19. GENERAL PROVISIONS. A. 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; however, City shall not have the right to control the means by which Consultant accomplishes Services rendered pursuant to the Agreement except to the extent that such Services involve the use of City property or Confidential Information. B., Consultant Not 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, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. - 14 - 1 r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Indemnification. 1. Consultant shall indemnify, defend, protect and hold City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments and all costs and expenses incurred in connection therewith, including reasonable attorney's fees 'and costs of defense arising out of the negligent Services performed under this Agreement, except to the extent arising from or caused by the negligence or willful misconduct of City, its officers, agents or employees. 2. City agrees to defend and indemnify Consultant from any and all claims, damages, costs, and losses (included attorney's fees and costs) arising out of or in any way related to the work or the performance or non-performance of obligations under this Agreement except when the claim arises from the negligence of Consultant or where the claim arises from the willful, wanton, or reckless conduct of Consultant. 3. The term "indemnify" shall mean indemnify, defend, and hold harmless from and against any and all claims, liability, suits, demands, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon ("claims"), accruing or resulting to any and all persons, firms, or any other legal entities on account of any damages or losses to property or persons, including death, or economic losses, arising out of the item, matter, action, or inaction.specified in the specific provision. D. Insurance. Prior to commencing work hereunder, Consultant shall provide City with proof of insurance providing and - 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 i� 19 20 21 22 23 24 25 26 27 28 maintaining the coverage and endorsements set forth in the Insurance Schedule attached hereto as Exhibit "C" and made a part hereof by reference. Said proof of insurance shall also provide that said policy' or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to City. Consultant shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Consultant employs subcontractors as part of the Services rendered,,Consultant's protective coverage is required. Consultant may include all subcontractors as insureds under its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. E. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled and construed under the laws of the State of California. F. Assignment and Subcontracting Prohibited. Consultant may not assign or subcontract any right or obligation pursuant to this Agreement except with the express written consent of City. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. G. Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. H. Entire Agreement. This Agreement is the entire agreement of the parties. Consultant represents that in entering into this Agreement, it has not relied on any previous representations or - 16 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 understandings of any kind or nature. I. Benefit of Agreement. This Agreement shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. This Agreement shall not create any rights or benefits to parties other than City or Consultant. Nothing contained lin this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the City or Consultant. No third -party shall have the right to rely on Consultant's opinion rendered in connection with Consultant's services without Consultant's written consent and the third-party's agreement to be bound to the same terms and conditions as City. J. Forum Selection. Any action brought relating to this Agreement shall be brought and held exclusively in a State Court in the County of Los Angeles, California. K. Recitals. All recitals are incorporated by reference. L. Waiver. Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to subsequent default or other matter. M. Force Majeure. Neither Party shall be considered to be in default in any of its obligations under this Contract when a failure of performance shall be due to an uncontrollable force. The term "uncontrollable force" shall mean any cause beyond the control of the party affected, including, but not restricted to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, - 17 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 111FM IMA 20 21 22 23 24 25 26 27 28 sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes of the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) Business Days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. N. Warranty. Consultant warrants that the Services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar Services. 0. Attorney's Fees. In the event that it becomes necessary for either party to this Agreement to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. P. Contractor's License. Consultant maintains a General Engineering A license (No. 682286) and Hazardous Substances Removal and Remedial Actions Certification with the State of California, which are regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State License Board, P.O. Box 26000, Sacramento, California 95826. Q. References. City agrees that Consultant may use and publish City's name and a general description of Consultant's services with respect to the project in describing Consultant's - 18 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 experience and qualification to other clients or prospective clients. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: EDUARDO OLIVO, City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor By: Title: By: Title: - 19 - LOWNEY ASSOCIATES EXHIBIT A A T ^ . is LOWNEVASSOCIATES Environmental/Geotechnical/Engineering Services ^ � R ^ � Y Mountain View Oakland CITY OF VERNON c/o Calpine Project Office 2650 Leonis Boulevard Vernon, California 90058 Attention: Mr. David Shibley Site Construction Manager May 21, 2003 P12368 RE: AGREEMENT FOR GEOTECHNICAL AND CONSTRUCTION MATERIALS OBSERVATION AND TESTING SERVICES PROPOSED MALBURG 134 MW POWER PLANT 2715 EAST 50T"'. STREET VERNON, CALIFORNIA Gentlemen: San Ramon Fullerton Following our meeting last Thursday, May 15, 2003, at Vernon City Hall, we are pleased to send you this revised agreement to provide geotechnical and construction materials observation and testing ("Special Inspection") services for the proposed Malburg 134 megawatt (MW) power plant. Although a construction schedule was not yet available, as of today, we understand that the estimated construction duration is 12 months. LOWNEY EXPERIENCE Lowney Associates is uniquely qualified to provide these services. We completed a Site Specific Seismic Review report last year for this project, and this year we have performed two additional geotechnical explorations at the site to reduce uncertainty regarding existing fill depths and extent. These supplemental reports will help refine project earthwork estimates. In addition, we also have worked with both Calpine Corporation and Power Engineers, members of your project team, on more than eight energy center projects throughout California. Some of these projects are described on the attached Highlighted Energy Facilities Projects three -page flyer. We are currently providing geotechnical observation and testing and special inspection services for the Los Esteros and Metcalf energy centers. Having worked with you, Calpine, and Power Engineers, we understand your project needs and requirements. This will help reduce unnecessary tasks and reduce overall project costs. Since 1969, Lowney Associates has provided geotechnical and environmental services for more than 8,200 projects. For more information about Lowney's range of services and projects, please visit our website at www.lowney.com. 251 East Imperial Highway, Suite 470 Fullerton, CA 92835 Tel: 714.441.3090 Fax: 714.441.3091 E-mail: mail@lowney.com http://www.lowney.com c City of Vernon Malburg 134 MW Power Plant Our team for your project will be lead by Tom Benson and Danh Tran. Tom is a California licensed civil and geotechnical engineer and Danh is a licensed civil engineer. Tom has signed and stamped three reports for this project already, as Geotechnical Engineer of Record. He is also the Geotechnical Engineer of Record for the reclaimed water pipeline through the City of Vernon to the plant, from the Central Basin Municipal Water District (CBMWD) source in the souteast corner of the City. He has more than two decades of geotechnical experience in Southern California, working on numerous industrial facilities including redevelopment of the Bethlehem Steel Plant in Vernon in the early 1980's. Danh has worked on other recent power generation projects including the Feather River, Los Esteros, and Metcalf energy centers. Having worked on these similar projects will help us anticipate potential concerns and help reduce redundancies and unnecessary costs to your project. Our proposed team and capabilities are presented on the attached Geotechnical and Materials Testing Personnel Matrix. Key resumes for this team are attached at the end of this Agreement. THE PROJECT This project will consist of developing approximately an approximately 31h-acre site northeast of the existing City of Vernon power plant, for a new 134-megawatt (MW) energy center. When completed, it will consist of two combustion turbine generators, two heat recovery steam generators, and various power distribution centers with step-up and -down units. Additional equipment will include various storage tanks, cooling towers and chillers, generators, transformers, miscellaneous equipment and tank pads, and various control and maintenance buildings. In addition, at -grade parking areas and site access roads are planned as part of the overall site development. We assume that backfilling for the reclaimed water pipeline is not included in this proposal, since we have provided others a proposal to do that work. However, the 1,300-foot long sewer and natural gas pipeline backfilling in Seville Avenue is assumed to be included in this proposal, if this work is performed concurrently with the site earthwork. Equipment loads and differential settlement tolerances were not available for our review at the time of preparing this proposal. However, we assume that equipment loads and differential settlement tolerances are typical for this type of construction. We anticipate site grading will consist of cuts up to approximately 6 to 10 feet and fills up to approximately 2 feet. Lt?WWASSOCIATES Page 2 Envkonmentd/Gectechnkd/Engineering services P 12367 t L City of Vernon Malburg 134 Mw Power Plant SCOPE OF SERVICES To complete our geotechnical services for your project, we will review the final foundation and grading plans and observe geotechnical aspects of the earthwork and foundation construction. In addition, we will also provide "special inspection" (as described in Chapter 17 of the California Building Code) services for the project. Construction materials testing and inspection will be performed in accordance with the structural note requirements outlined on Sheet SO-1, dated October 18, 2002. The purpose of our geotechnical and construction materials observation and testing will be to provide you with the following benefits. 1. Confirmation that the actual soil conditions encountered are similar to those expected; if unexpected conditions are encountered, we will revise our recommendations as needed according to actual soil conditions encountered in the field. 2. Observation of earthwork and foundation construction performed in accordance with our recommendations. 3. A check that our recommendations are implemented during construction. Our services will include field observation and testing, laboratory testing, and engineering management and report preparation in the office, as described in the following subsections. Field Work In accordance with the California Building Code (CBC) and accepted geotechnical and construction materials testing practice, we recommend that we be present to observe the geotechnical and construction materials aspects of the following construction activities as your representative: Geotechnical V Mass grading (existing fill recompaction) V Foundation excavation V On -site utility trench backfill 7 Seville sewer trench backfill V Seville gas line trench backfill V Pavement subgrade, and aggregate base V Asphalt density Construction Materials V Concrete sampling and slump testing WVWASSOCIAES Page 3 Enw«mentol/cceotecnnlca/Enghoeft services P12367 l City of Vernon Malburg 134 MW Power Plant V Concrete reinforcement inspection ♦ Steel bolting testing ♦ Welding inspection —field and shop ♦ Masonry inspection ♦ Grouting inspection ♦ Epoxy/dowel inspection ♦ Other testing as necessary Geotechnical and Materials Laboratory Testing In addition to the field observation and testing, we will perform geotechnical and materials laboratory testing. This testing is expected to include: ♦ Concrete cylinder compression testing (ASTM C 39) ♦ Import earth materials compaction tests (ASTM D 1557) ♦ Import materials sieve analyses (ASTM C 136) ♦ Other testing as necessary Communication and Reports We will also provide consultation, project management and correspondence, as needed to complete the project. Before construction, we will provide a letter report presenting our comments regarding foundation and grading plan geotechnical review. Verbal reports of our field observations will be made on a regular basis to your project representative and the project Certified Building Official (CBO). We will also provide the CBO with original hand written Daily Field Reports (DFR's) each day, and retain carbon copies (we use tri-color carbonless forms: white cover page to CBO, yellow to Fullerton office file, and pink to Lowney field file). We will consider the CBO responsible for dealing with items of non-compliance. Unless otherwise requested, a formal written report of our findings and opinion as to compliance will be issued at the completion of our fieldwork. We will be required to verify in writing that all phases of construction requiring geotechnical observation were completed according to the project specifications and our recommendations. Please note that we will not be able to sign such a statement for your project should those phases outlined in Tables 1 and 2 (later in this agreement) be completed without our. observation. Project plans and specifications changes impacting the work to be observed by us should be brought to our attention as soon as possible, and we should be provided with copies of the new plans and specifications. The presence of our field LO WA&S'l.JCIATE5 Page 4 erwk«,menra/Geotechnka/engineering services P12367 s a City of Vernon Malburg 134 MW Power Plant representatives will be for the purpose of providing observation and testing services. Our work will not include supervision or direction of the actual work of the contractor. The contractor should be informed that neither the presence of our field representatives nor the observation by our firm would excuse them in any way for defects discovered in their work. It is also understood that our firm will not be responsible for job or site safety. The term "observation" indicates that we will observe the work detailed in our scope of work and perform tests as appropriate. We will base our opinion, as to whether the completed construction meets the project specifications, on our observations and test results. SCHEDULE We understand that the construction duration will be 12 months requiring geotechnical and materials testing ("Special Inspection"). A construction schedule for the project was not available at the time this agreement was prepared. However, we have estimated our involvement based on experience and our meeting last Thursday. Therefore, the number of site visits and hours shown in Table 1 and 2, below and on the next page, were based on this assumed project schedule. However, if a more accurate schedule becomes available, we can revise our construction estimate based on the revised schedule. TABLE 1. ESTIMATED GEOTECHNICAL SCHEDULE GEOTECHNICAL FIELD SERVICES Task No. Of Site Visits Estimated Estimated Visit Hours CompactionEstimated No. Of Meetings and On -Site Consultation Sr. Proj. Eng. 8 per 5 40 0 Mass Grading and Demolition "' a in 8 10 80 190 Footing Excavation 40 3 120 0 Site Utility Trench Backfill 78 10 780 1,170 Sewer Trench Backfill 90 4 360 78 Gas Une Trench Backfill 90 4 360 78 Pavement Subgrade Compaction 55 1 4 220 70 Pavement Aggregate Base Compaction 55 4 220 60 Pavement Asphalt Concrete Compaction 55 4 220 60 TOTAL: 479 2,400 1706 Review final foundation and grading plans; review field reports; project tracking and Principal 30 Concrete Comp. (ASTM C 39) 460 management; correspondence with design Sr. Proj. Eng. 200 Compaction (ASTM D 1557) 12 _ team and applicable agencies; Staff Engineer 50 Sieve Analysis (ASTM C 136) 25 miscellaneous consultation and Tech. Assistant 30 AC Specific Gravity 3 documentation; preparation of final letter. _ TOTAL: 310 TOTAL: 500 I MiASSOCIATES Page 5 Er vkonrr ld/GeorecMlcd/Engin•erft services P12367 t � City of Vernon Malburg 134 MW Power Plant TABLE 2. ESTIMATED SPECIAL INSPECTION SCHEDULE FIELDEstimated SERVICES Task Personnel Number of Site Visits Hours Estimated Total Concrete Sampling and Slump testing L 0 w '-�° A 80 per Visit 5 Hours 400 Concrete Reinforcement Inspection 80 5 400 Bolting 15 6 90 Structural Steel - Shop Welding 20 10 200 m f v Structural Steel - Field Welding 45 10 450 Masonry Placement n N 20 10 200 Non -Shrink Epoxy Grout Sampling/Placement 20 8 160 Epoxy/Dowel Installation/Placement 30 8 240 T 0 T A L : 310 2,140 All site work is assumed to occur within daylight working hours from Monday through Thursday. Table 1 presents our estimated schedule of field, office and laboratory services for construction work involving geotechnical engineering services. Table 2 summarizes our approximate schedule for "Special Inspections." Please note that our estimate does not include time for services performed due to problems or delays that may be encountered during construction. FEES AND TERMS As required by the State of California, this project would be considered a prevailing wage job. Therefore, the cost estimates shown below were prepared using prevailing wage requirements. In addition, the cost estimates shown are for a 10-hour workday, Monday through Thursday. Our services will be provided on a time and expense basis in accordance with the attached terms and conditions and prevailing wage hourly rate schedule. We estimate that the cost of our geotechnical and construction materials testing services will be as listed in Table 3, on the next page, based upon the hours and tests shown in Tables 1 and 2, above: TABLE 3. CONSTRUCTION SERVICES FEE ESTIMATE Geotechnical Observation and Testing $309,400 Construction Materials "Special Inspection" and Testing 189,500 TOTAL: $498,900 - Hours or tests less than or greater than those listed in Tables 1 and 2 will proportionately reduce or increase our costs. Please note that our estimate depends on site conditions, diligence and efficiency of the prime and sub -contractors, and LOWNWASSOGIATES Page 6 Envir-manta/ceotechntcd/En9r,eering Services P12367 c 6 City of Vernon Malburg 134 MW Power Plant weather. It is also common for us to be requested to perform additional services that are not outlined in this agreement. In addition, we are occasionally requested to retest areas of failed compaction or to provide supplemental recommendations and observations that result from wet weather grading problems, which are not included in this agreement. Contractors may require additional concrete compression test cylinders to evaluate early removal of formwork, etc. If we are requested to perform additional services, or are requested to be on -site for periods of time, which exceed the hours shown in Tables 1 and 2, we will proceed only with verbal authorization from your designated representative(s). We will then FAX to your office a "FAX Confirmation of Requested Services," detailing the requested additional services and budget change. Additional services requested by you that are not outlined in this agreement will be charged on a time -and -expense basis. To be recognized, , any dispute over charges must be claimed in writing within 30 days of the billing date. Disputes or questions about a statement shall not be cause for withholding payment for remaining portions due. Requested changes to this contract must be approved in writing before we proceed. A service charge of 1 percent per month shall be assessed on balances unpaid 30 days after the issue date of Lowney Associates' statement to compensate Lowney Associates for the cost and burden of administering the account and collecting fees owed. PROJECT SIGN In addition, as part of this agreement, we propose to place a sign indicating our firm name and type of work at the project during construction. Alternatively, if a project sign is posted at the job site, we would prefer to be listed with the other consultants on this sign. If we are listed on the project sign, we will provide a $1,000 credit towards our services. AUTHORIZATION Please acknowledge your receipt of and agreement with the terms contained in this agreement by signing on the next page and returning a copy to us. LOVIi WASS\.Jl. KES Page 7 Ernir«unentd/GeoreCWca/engineering services P12367 City of Vernon Malburg 134 MW Power Plant We look forward to our continued involvement on this important project. Thank you for choosing us to assist you. If you have any questions, please call or e-mail, and we will be glad to discuss them with you. Very truly yours, Agreement accepted by: LOWNEY ASSOCIATES CITY OF VERNON Danh Tran, P.E. Signature Date Senior Project Manager >,r Please Print Name and Title Thomas C. Benson, Jr., P.E. . Principal Engineer TCB: tcb Attachments: Highlighted Energy Facility Projects - Geotechnical and Materials Testing Personnel Matrix Resumes (TCB, DT, BF, etc.) Terms and Conditions of Agreement Schedule of Hourly Fee Rates - Prevailing Wage Rates Copies: Addressee (2) P:\Proposals\12000\12300 Series\P12368-Malburg\P12368-3.doc Copyright © 2003 Lowney Associate LO !EVASSVl.,i11i L.S Page 8 Env1r-tal/Ge0techn1ca/&4neerft services P12367 L ' EVASSCOCIATES EnvironmentaUGeotechnicoi/Engineering Services Highlighted Energy Facility Projects Metcalf Energy Center Under the observation of Lowney Associates, Phase 1 earthwork construction was completed at Calpine's Metcalf Energy Center in San Jose. This nominal 600-megawatt, natural -gas -fired, combined -cycle generating facility will be one of the cleanest, most efficient facilities of its kind in the nation. The plant consists of two modern combustion turbines and a condensing steam turbine. Variable subsurface and ground water conditions encountered immediately south of Coyote Narrows are being mitigated by a combination of mat foundations on structural fill and concrete -filled steel pipe piles. Mat design recommendations were based on analyses of potential settlements caused by liquefaction during earthquake loading conditions with a 10-year flood on the adjacent Coyote Creek. Lowney Associates' collaboration with the design engineers, California Building Officials, and general contractor kept this important project moving forward efficiently during the critical Phase 1 earthwork construction. ■ Calpine Peaker Plants Lowney Associates provided geotechnical and construction observation services for five Calpine 50-megawatt peaker power plants in Solano and Contra Costa Counties. The plants are part of a group ordered by the State of California to provide additional power reserves for peak electric power use periods. The plants consist of a gas -fired combustion turbine generator and typically are constructed on five -acre sites.. Lowney has applied knowledge gained from work on larger plants for Calpine including the Metcalf, Los Esteros, and Feather River Energy Centers, and has worked closely with The Harris Group and Power Engineers, the project designers. Lowney's energy plant experience and close coordination with project team members has helped maintain the tight schedule for these projects. ■ Lea is Of_Wtr� g t inrcal engineering servrces for �a +i 's lei I ,",hogy Center Pile load to fl~s were cdn�# ct d SO tlie, �rhd i r'. ing i;,eremOV, Feather River Energy Center and Transmission Line Lowney was retained by Calpine and Interstate Construction to provide geotechnical engineering services for an approximately 1-mile long under- ground power transmission line and 45-megawatt energy center. The transmission line required approximately 5- to 15-foot deep excavations. Subsurface soil samples also were collected for thermal testing during.this investigation. Having worked on a similar project, Lowney was familiar with the soil sample shipping procedures as required by the Canadian Food Inspection Agency. We recently completed our geotechnical observation and testing services for the project. ■ Los Esteros Critical Energy facility Lowney Associates provided environmental and geotechnical engineering services for Calpine's Los Esteros Critical Energy Facility in San Jose. The project consisted of developing a new peaker plant on approximately 15-acres of a 55-acre former A TRH Company continued on next page LOWNEVASSOCIATES Highlighted Energy Facility Projects Erwkonmentd/Georechrded/En&eer!rV Services Low' J10 Js providingg geoteghnical gngme_enng services: r Ca rne's Featll r It)ver En�i gy'`Center T, Is is the East dbi bac k slu00�le4tt , conduits in the 44foot slab. nursery site. Peaker plants are designed to operate during high -demand and are capable of producing 180 mega -watts of power. The energy facility, fired by natural gas, includes recycled water storage tanks, cooling towers, gas turbine generators and transformers, a 115kV switchyard and control room building, and other structures. Underground utilities include raw water, fire protection, natural gas, ammonia, and voltage electrical lines. Potential future expansion will increase the capacity to 270 mega -watts. The facility consists of four combustion turbine generators, four heat recovery steam generators, and power distribution centers with step up and down units. Prior to site selection, Lowney conducted an environmental investigation of the property to help Calpine evaluate the suitability of the property for the proposed development. Remediation activities were subsequently performed, including the cleanup of pesticide impacted soil and the removal of abandoned underground storage tanks. During construction activities, Lowney provided dust - monitoring services and prepared a fugitive dust mitigation plan that outlined dust mitigation methods employed during constructionto help Calpine meet California Energy Commission (CEC) requirements. To limit the creation of air- borne particulate matter (specifically PM10), the mitigation measures included the use of water and chemical dust suppressants, limiting vehicle speeds, placement of gravel in high traffic areas, and wheel washing areas, windbreaks, and street sweeping. A construction monitoring demonstration plan was developed and approved by the CEC. During site construction, the dust monitoring plan was implemented by cross -trained Lowney staff that concurrently performed earthwork observation and testing services, resulting in a cost savings. To evaluate the effectiveness of dust control measures, the monitoring program consisted of the use of portable PM10 monitors at both up- and down -wind locations, measurement of soil moisture conditions and wind speeds, and visual observations. The project worked on two 10-hour shifts per day, six days per week, for over 6 months. Anticipating that staffing would be a high priority for the project, Lowney assembled a construction services team with precise schedules for each member. In addition, Lowney rotated personnel periodically to help prevent 'job burnout' and thereby provided a higher quality of service to Calpine. Lowney also provided special inspection and material testing services for the project. These services included concrete and steel inspection, masonry, high - strength bolting, welding inspection, and epoxy grouting. In addition, Lowney coordinated front-end shop inspections for various equipment and structures prior to delivery. By providing geotechnical engineering, construction observation, and special inspection services, Lowney maintained project continuity and minimized scheduling conflicts. The largest addition to Silicon Valley's generating capacity to date, Los Esteros should help address A 7W Company continued on next page j LNEVASSOCIATES Envkw.mentai/Geotechnicai/Engineering services the region's power supply imbalance. The plant began commercial operation in early 2003. Calpine is contracted to deliver power to the California Department of Water Resources through March 2006. ■ Silicon Valley Power NRS 230KV Transmission Line Lowney Associates was retained by Silicon Valley Power to provide environmental and geotechnical consulting services for an approximately 2.5-mile segment of a proposed 230kV transmission line. Lowney performed a feasibility level geotechnical study for the trans- mission line, which included the underground portion of the line. When completed, the transmission line will total approximately 4.5 miles in length and include both underground and overhead segments. The line will ultimately be tied into the approved Los Esteros Critical Energy Facility or the PG&E substation. This segment of the project will be underground and start at the Northern Receiving Station adjacent to Lafayette Street. The line will continue north along Lafayette Street to the northern edge of the municipal golf course, where it would turn east and cross Lafayette Street. It will continue east along the south side of the golf course to the Guadalupe River. The line will turn north and continue along the west side of the river to approximately Highway Highlighted Energy Facility Projects Lowney is O'rov$�ge echntcal and enviironmen(al engineehng.scrviEe' Calptne`s Los Esteros Crib a} rieri y Faciity. The .0mb*t1orr Turbine Generator (CTG) is at'the heart of the devompment: 237. It will turn east and cross the Guadalupe River then north to cross Highway 237. After crossing Highway 237, this segment of the line will continue toward Nortech Parkway. In addition, three bore and two receiving pits will be required to cross Lafayette Street, the Guadalupe River, and Highway 237. Lowney addressed permitting issues for the duct bank, bore and jack pits, and obtained soil samples at various depths for thermal laboratory testing. We recently completed our investigation for this phase of the project. Lowney currently is working with Power Engineers, Inc. and the Santa Clara Valley Water District to address detailed design criteria and recommendations. ■ A TRC Company 1 � MALBURG POWER PLANT, VERNON, CA GEOTECHNICAL AND MATERIALS TESTING PERSONNEL MATRIX Name Geotechnical of Tom Benson, © MALBURG POWER PLANT, VERNON, CA GEOTECHNICAL AND MATERIALS TESTING PERSONNEL MATRIX Name Geotechnical of Tom Benson, © Certification Concrete Steel ! Welding Masonry -�_■■_ UM © -®®■ .. . ■ ■s■■ I Merl Smith Ralph Reed LOWWASSCOCIATES Page 1 [nw—r.e0cd/G0W-Jw o1Ar newWv seN s - � v • r � v • v l Y r � 1 • r THOMAS C. BENSON, JR., P.E., G.E. Vice President Geotechnical Engineer Summary of Experience Tom Benson, Vice President and Manager of the Southern California office, has been a member of the geotechnical consulting community in Southern California for more than 20 years. Since 1982, he has worked on numerous commercial, industrial, residential and public works projects primarily in Los Angeles, Orange, Riverside, San Bernardino and Ventura Counties; as well as geotechnical projects throughout the United States. Since 1988, he managed geotechnical offices in Southern California, emphasizing timely and value -adding consulting services. His management term has spanned difficult economic times and explosive workloads, particularly following the January 17, 1994 Northridge Earthquake. To meet the needs of clients following the quake, his Pasadena office rapidly expanded to roughly 90 civil engineers and related technical personnel. Mr. Benson's technical experience in Southern California has been broad, to meet the challenges of the region. He has been the technical lead on numerous earthwork, shoring, dewatering, seismic, liquefaction, slope stability, tunneling, rock stabilization, and soil improvement studies. In addition, he has managed engineering geology tasks such as geologic mapping, hydrogeologic studies, fault studies, scour analyses, and rock stability - analyses. His projects have been in widely different geotechnical environments ranging from Long Beach estuaries to Mount Wilson granitic peaks. Since much of this work has been in the urbanized Los Angeles area, he has managed numerous geo-envi ron mental projects dealing with fuel hydrocarbons, solvents, lead, metals and other compounds in the soil and groundwater. Mr. Benson's geotechnical team (engineers and geologists) won the 1996 Outstanding Project Award from the California Geotechnical Engineers Association (CGEA), for the Dulzura Pipeline Restoration Project located in San Diego County. This remote project required rock stabilization innovations and geotechnical exploration on inaccessible, steep granitic slopes. Large boulders that could roll onto the pipeline were stabilized in -place with rock anchors. Registrations ♦ Registered Civil Engineer: CA No. 37896 ♦ Registered Geotechnical Engineer: CA No. 2091 ♦ Registered Environmental Assessor: CA Class I REA-03817 Continuing Education ♦ Southern California Earthquake Center DMG Special Publication 117 (liquefaction) Seminar (1999) ♦ Southern California Earthquake Center DMG Special Publication 117 (slope stability) Seminar (2002) ♦ Seismic Evaluations for CDMG Review, AEG,. at CSLA ♦ Lessons Learned from the Northridge Earthquake, ATC, at USC ♦ Seed Memorial Symposium, Berkeley, California ♦ 40-Hour Health and Safety Training, 29 CFR 1910 Education _ ♦ Bachelor of Science, Civil Engineering, Michigan State University Master of Science, Geotechnical Engineering, University of California, Berkeley LOWNEl'ASSOCIATES Envk--Ontd/Geotechrkd/EngWmerkV SeMces Page 1 of 6 Thomas C. Benson, 3r., PE, GE Vice President, Geotechnical Engineer Professional Affiliations ♦ American Society of Civil Engineers (ASCE) ♦ American Society of Testing and Materials (ASTM) ♦ Consulting Engineers and Land Surveyors of California (CELSOC) Los Angeles Section President (2002/2003) ♦ International Conference of Building Officials (ICBO) ♦ Structural Engineers Association of Southern California (SEAOSC) ♦ Southern California Water Utilities Association (SCWUA) Select Project Experience Mr. Benson has directed geotechnical engineering for representative projects listed below. Selected Pipeline Project EMerience • Dulzura (San Diego County), CA: Dulzura Water Conduit Renovation: Renovation of 55,000-foot long turn -of -the -century aqueduct, including open channels, tunnels, pipelines and flumes. For the City of San Diego. 1988-1990 design. Construction initiated December 1993 and completed in 1996. Winner of the 1997 California Geotechnical Engineers Association (CGEA) Award. • La Crescenta, CA: Mr. Benson has been the geotechnical engineer of record for 14 different pipeline projects for the Crescenta Valley Water District (CVWD), in 1999 through 2001, in Glendale, Montrose and La Crescenta. Most of these projects consisted of 8-inch diameter pressurized cement mortar lined and coated steel water pipelines, installed in residential streets typically 3-feet below grade. • La Habra, CA: A California Domestic Water Company 36-inch diameter steel water main will be constructed in Whittier Boulevard in the City of La Habra, Orange County. Since this approximately 2-mile alignment is within Caltrans right-of-way (SR-39), a geotechnical investigation was required. The Lowney Associates geotechnical report was reviewed by Caltrans. Due to the expedited schedule for this pipeline, the geotechnical exploration, laboratory testing and report preparation were completed within a week after a Caltrans encroachment permit was obtained to drill in the Caltrans right-of-way. V Los Angeles, CA: Geotechnical investigation for proposed Marina Interceptor Sewer (MIS) project, in 1996 and 1997. This alignment is primarily along Jefferson - Boulevard east of Marina del Rey in the Baliona Creek estuary area. Investigation was for the City of Los Angeles Department of Public Works. Micro -tunneling was being considered rather than conventional cut and cover, to reduce environmental impact, and traffic disruption. V Montclair, CA: State Street Feeder pressurized pipeline for Monte Vista Water District. Jacked under active railroad right-of-way. V Pasadena. CA: El Molino Avenue Storm Drain between Allendale and Old Mill Roads. Crosses the Raymond Fault. 24- to 30-inch diameter reinforced concrete pipe (RCP), 2,9000-foot long alignment. December 1990 study, completed construction in 1992. V Pasadena, CA: Garfield Avenue Storm Drain from Mountain Street to Orange Grove Boulevard. Alignment 1,355 feet long consisting of 36- to 39-inch diameter RCP. Study completed summer 1993. 0 "L NEVASSOCIATES Env onmentol/ceorecrt,ka/engineering services Page 2 of 6 Thomas C. Benson, Jr., PE, GE Vice President, Geotechnical Engineer ♦ Pasadena, CA: Union Street Extension and Storm Drains, between Hill and Wilson Avenues. Storm drains 1,630 and 830 feet long, 24- to 45-inch diameter. May 1990 investigation, construction completed in late 1992. ♦ San Pedro and Terminal Island CA: Studies for sewage pump stations 671, 681, and 691, including associated force and gravity pipelines. Scope of work also included evaluation of micro -tunneling. For the City of Los Angeles. 1989-1990 studies and design. ♦ Terminal Island, CA: Final geotechnical investigation for the U.S. Navy Sanitary Sewer System, Mole Area at the Long Beach Naval Shipyard, Terminal Island, Long Beach, California. Provided detailed cost study of dewatering system, foundation recommendations for sewer lines and pump stations as well as subsidence potential due to dewatering. ♦ Torrance, CA: Arnie Avenue stormwater force main. 1,800-foot alignment, 36-inch diameter. For the City of Torrance. 1992 design. Construction pending. ♦ Twenty -Nine Palms, CA: Geotechnical investigation for proposed non -potable water system improvements at the Marine Corps Air -Ground Combat Center. Proposed construction included a 760,000 gallon equalization water tank and roughly 27,000- feet of new non -potable water pipeline. Pipeline diameter will range from 6 to 8 inches. 1991 design. ♦ Ventura County, CA: Mr. Benson is the geotechnical engineer of record for the 61/2- mile long Oxnard Plain Brine Line for the Calleguas Municipal Water District. The alignment will be primarily along Hueneme Road, south and east of Oxnard. This pipeline will likely consist of a 54- to 60-inch diameter high -density polyethylene (HDPE) pipe. Design was completed in 2001, and construction is proposed to begin in 2002. ♦ Vernon, CA: In 2002, he completed a geotechnical investigation for a proposed 12- to 18-inch diameter steel and/or cast-iron pressurized reclaimed water pipeline. This pipeline will conduct reclaimed water to the Vernon power plant located near the northwest corner of 50th Street and Soto Avenue, from an existing reclaimed water pipeline on Randolph Street, near the intersection with Hollenbeck Street, in southeastern Vernon. This pipeline is a joint venture between the City of Vernon and the Central Basin Municipal Water District. ♦ Whittier, CA: Mr. Benson managed backfilling of the La Habra Heights County Water District's (LHHCWD's) 20-inch water main installed in Whittier Boulevard in the winter of 2003. Technicians were provided for nighttime work to reduce disruption of traffic on this urban arterial road. Since the alignment was within Caltrans right-of-way, Caltrans test methods were required. Yorba Linda, _CA: Mr. Benson has been the geotechnical engineer of record during construction of the Richfield Pressurized Water Main. The project consisted of installing 8,830 feet of 36-inch diameter steel pipeline primarily in city streets in southwestern Yorba Linda and northeastern Placentia. The pipeline connects the Yorba Linda Water District's Richfield well yard to the existing Highland Reservoir. Pipe jacking was required under a storm channel and the railroad at Orangethorpe Avenue. This project included asphalt density testing. Construction completed March 2001. LOWMIF� s Envir-ntcd/Geotectvicol/Englnee&Vservices Page 3 of 6 Thomas C. Benson, Jr., PE, GE Vice President, Geotechnical Engineer Dams and Water Reservoir ♦ American Water Works Service Company, Spinks Canyon tank in Duarte ♦ Beverly Hills' Coldwater Canyon Reservoir Replacement ♦ Big Bear Lake Dam Seismic Rehabilitation, San Bernardino County, CA ♦ California Domestic Water Companies Plant 3, 1.62 MG Reservoir, Whittier, CA (2003) ♦ Camrosa Water District's Tank 3D, adjacent slope stabilization (2001) ♦ Fullerton's Hillcrest Park Reservoir, Geotechnical evaluation of cracking (1999) ♦ Glendale's Reclaimed Water Tank, north of Scholl Canyon Landfill ♦ City of La Habra Puente Hills Reservoir seismic and slope stability evaluation, and seismic upgrade construction (completed 2002) ♦ La Canada Irrigation District's 1.9 MG Reservoir No. 7, La Canada, CA (2003) ♦ La Habra Heights' Seismic Review of steel tanks 2A and 5, new monitoring well ♦ Los Angeles County's Retrofit of Sawpit Dam, Monrovia, geotechnical study (1997) ♦ City of Monrovia Ridgeside Reservoir seismic and slope stability review (2002) ♦ Monterey Park's Sequoia Pump Station geotechnical design (1999) ♦ Pasadena's, two Gould Mesa Steel, Water Tanks, north of JPL ♦ Pomona's Steel Water Tank 2A ♦ Pomona's Post -tensioned concrete water tank 13B, in Claremont (2002 construction) ♦ San Gabriel County Water District's Longden No. 1 Reservoir, 3.8 MG reinforced concrete (constructed 2000) ♦ San Gabriel County Water District's Van Nuys Reservoir, 6.0 MG reinforced concrete (constructed 2001) ♦ South Gate's Tweedy Boulevard Reservoir ♦ Thousand Oaks, Rolling Oaks Water Tank geotechnical design and construction (2002 under construction) ♦ Yorba Linda Water District/Toll Brothers' Zones 3 and 4 Reservoirs and Pumpstation (2001 completed) ♦ Yorba Linda Water District/Pulte Zone 5 Reservoir, concrete hopper (2002 construction) Yorba Linda Water District's Zones 4, 5 and 6 Reservoirs (constructed in the 1990's) Public Works ♦ Metro Rail Red Line Materials Testing, Hollywood, CA ♦ Mulholland Drive Rock Slide Stabilization, North Hollywood, CA ♦ JPL Modernization of Southern Utility Systems (MOSUS), Pasadena, CA ♦ Full Secondary Expansion of the Orange County Plant 2, Huntington Beach, CA ♦ Expansion of the Burbank Water Reclamation Plant Ballona Lagoon Stormceptors, Venice, CA Airports and Airfields ♦ American Airlines Terminal 4 Expansion at LAX ♦ TWA Hangar Apron Rehabilitation at LAX LAX High Speed Taxiways ♦ Big Bear Airport Pavement Rehabilitation, Big Bear City, CA ♦ Marine Corps Air Station at Camp Pendleton Airfield Pavement Evaluation ♦ Point Mugu Naval Air Weapons Station Airfield Pavement Evaluation Educational Facilities ♦ University Elementary School Relocation (UCLA Campus), Westwood, CA ♦ UCLA Brain Mapping Magnetic Resonance Imaging (MRI) Center, Westwood, CA ♦ Harvard Westlake Science Building, North Hollywood, CA LOMM'FASSOCIATES Environmental/Geotedxicat/EnWneerN Services Page 4 of 6 0 Thomas C. Benson, Jr., PE, GE Vice President, Geotechnicall Engineer ♦ Westfield School Expansion, Pasadena, CA ♦ Mayfield High School Gymnasium, Pasadena, CA ♦ Mission College Collaborative Studies Building and Administration Addition, Sylmar, CA Selected Public Building Project Experience ♦ Children's Courthouse Parking Structure, Monterey Park: Mr. Benson was the Geotechnical Engineer of Record for the Los Angeles County Children's Courthouse and parking structure in Monterey Park. The parking structure was cut into a hillside with existing sumcial instability. The combined parking structure as a retaining wall and regraded slope was used to stabilize the site. ♦ UCLA Anderson Graduate School of Management (AGSM): Mr. Benson was the Geotechnical Engineer of Record for the UCLA Anderson Graduate School of Management. The AGSM auditorium was constructed atop and within existing UCLA Parking Structure 5 on the north side of the campus. New spread footings were constructed within the existing parking garage to support the overlying new auditorium. Differential settlement concerns were analyzed for the existing parking structure considering the new loads. The existing parking structure had already shown some signs of excessive concrete cracking. The new foundation design was successfully implemented. Since the AGSM abuts the west wall of the parking structure, a new tied -back earth retaining wall was constructed on the east side of the parking structure to facilitate new ramps and loading dock access. ♦ Presidio Building 39 Seismic Upgrade: Mr. Benson was the geotechnical engineer of record for the seismic upgrade of Building 39 in 1998, on the Presidio in San Francisco. This historic building is on the east side of the Parade Grounds at the Presidio, and consists of a reinforced concrete and masonry structure with a basement. Permits were required from the Presidio Trust. The existing building was reinforced with new gunite shear walls founded at basement grade. This was a historic building, and the existing architecture was to remain unchanged. ♦ Raymond Avenue Condominiums: Mr. Benson was the geotechnical engineer of record for condominiums constructed in the southeast corner of the intersection of Raymond Avenue and Holly Street, in Old Town Pasadena, adjacent two historic masonry ° buildings. Excavations adjacent older previously unreinforced masonry walls were required. California Hospitals (with seismic work) ♦ Huntington Memorial Hospital Phases I, II and III, Pasadena, CA ♦ Methodist Hospital of Southern California, Patient Tower Replacement, Arcadia, CA v Holy Cross Hospital Expansion, Mission Hills, CA ♦ Granada Hills Community Hospital Replacement, Granada Hills, CA ♦ Santa Teresita Hospital, Duarte, CA Office and Commercial Developments ♦ Trenton Office Building and Parking Structure (completed 2002), Diamond Bar, CA ♦ The Irvine Company McCarthy Center Office Complex (6 phases), Milpitas, CA ♦ ]PL Observation and Instrumentation (OIL) Laboratory, Pasadena, CA ♦ Marina Pacifica Shopping Center Redevelopment, Long Beach, CA ♦ Home Depots: Santa Clarita and Alhambra, CA ♦ Alhambra Courtyard Shopping Center, Alhambra, CA Antennae and Telescopes ♦ Second Party review, Large Millimeter Radio -Telescope (LMT) atop Cerro la Negra, Puebla State, Mexico ♦ 34-meter Venus Site Deep Space Network (DSN) Parabolic Antenna ♦ 2, 34-meter South Site Targeting Parabolic Antennae ♦ 3, 34-meter Apollo Site DSN Parabolic Antennae ♦ KMAX Antenna, Angeles National Forest, Above Santa Anita Canyon ♦ CHARA Antennae Array on Mount Wilson, Angeles National Forest LO1' M'FASSOCIATES envkm—nra/C—t-ftkcd/E.&e-&g S—IL s Page 5 of 6 Thomas C. Benson, Jr., PE, GE Vice President, Geotechnical Engineer ♦ 20 Air Route Traffic Control Centers (ARTCCs) throughout the United States Siting Studies in Owens Valley and Edwards Air Force Base, for the Laser Interferometer Gravity Observatory (LIGO) Project ♦ Geotechnical Review and rock core testing for the Large Millimeter Radio -telescope (LMT) to be constructed atop Cerro la Negra volcanic peak in eastern Puebla State, Mexico. ♦ Geotechnical review of foundation design and blasting/excavating scheme for the Madrid Deep Space Communication Complex (MDSCC), DSS 55, 34-meter diameter steel parabolic radio antenna, in Spain (2001). Residential Developments ♦ Paloma del Sol Temecula CA: A 16-track master planned community, with 10,000,000 cubic yards of earthwork in a rolling hill terrain. Both liquefaction and faulting were evaluated in detail. Peat removal and canyon fills were studied. Initial studies began in 1988, with ongoing development through 1998. ♦ Monterey Views, Monterey Park, CA: An 80-lot steep hillside track surrounded by existing residential developments in urbanized Monterey Park. This. track was in notoriously unstable Topanga and Modelo Formation sedimentary bedrock, with deep canyon fills, geotextile stabilized slopes, and tall retaining walls. P:\MARKETING\CURRENT RESUMES\TCB-PIPES.DOC, THURSDAY, MARCH 13, 2003 LOWWASSOCIATES Enron to1/G6*teCNVca/EVneedngsewices Page 6 of 6 DAN H T. TRAN, P.E. Project Engineer Summary of Experience Danh Tran, Project Engineer, has over 8 years of experience in geotechnical engineering. He is responsible for managing subsurface field investigations, laboratory testing, and geotechnical analyses for residential, commercial, industrial, and public works projects. Mr. Tran's field experience includes trenching, drilling, logging of soil borings, cone penetration testing, observation of both shallow and deep foundation construction, observation and compaction testing, and monitoring well installation. He has performed field investigations for residential and commercial developments over Bay Mud, expansive clays, and liquefiable soil deposits. In addition, he has field experience with soil stabilization geotextile and lime -treatment operations. Mr. Tran's UST experience includes tank removal, observation and testing services during construction. Education Bachelor of Science in Civil Engineering, San Jose State University, 1992 Registrations Registered Civil Engineer: CA No. 59705 Professional Affiliations American Society of Civil Engineers Select Project Experience Mr. Tran, has performed field and engineering analyses for the geotechnical investigations of the representative projects listed below. In addition, Mr. Tran has also performed observation and testing services during construction. Energy/Infrastructure v Los Esteros Critical Energy Facility, Santa Clara, CA v Feather River Energy Center, Yuba City, Ca v Feather River EC Transmission Line, Yuba City, CA v Silicon Valley Power NRS 230kV Transmission Line, Santa Clara County, CA Educational Facilities v Chilled Water Plant Stanford University, v Serra Mali Site Improvement v Governor's Corner v Julia Morgan Elementary School, Stockton, CA v Stanford Boathouse, Discovery Parkway, Redwood City, CA v Woodside Elementary School, Woodside, CA Enw«,merry/Ceorecnnkd/Eng1neenng services Page 1 of 3 Danh T. Tran Project Engineer Office and Commercial Developments Home Depot, Colma, CA ♦ SummerFeid Suites Hotel, Belmont, CA ♦ Dinah's Hotel and Restaurant, Palo Alto, CA ♦ Hyatt Regency Hotel, Burlingame, CA ♦ VIP Litho Printing Press, San Francisco, CA ♦ Stevens Creek Road Retail Development, San Jose, CA ♦ Bank Of America, Stanford, CA ♦ federal Express Van Facility, Menlo Park, CA ♦ Industrial Way Lots 5, 6, & 22, Benicia, CA ♦ Egrett Court, Benicia, CA ♦ Junction Avenue Office Building, San Jose, CA UST Site Management Services ♦ Former Falstaff Brewery, San Jose, CA ♦ Airport Boulevard, San Carlos, CA ♦ Tract 7948 Subdivision, Brentwood, CA ♦ Orchard Avenue Subdivision, Mountain View, CA Pavement Investigations ♦ Woodside Elementary School, Woodside, CA ♦ Bullis Purisma Elementary School, Los Altos Hills, CA ♦ Milpitas Bus Terminal, Milpitas, CA ♦ Hewlett Packard Buildings 31 and 32, Mountain View, CA High Technology Facilities ♦ Abbott Laboratories Medical Facility, Morgan Hill, CA Electronics for Imaging Campus, Foster City, CA Genencor California Technology Center, Palo Alto, CA v Hyundai Electronics America Research and Development Facility San Jose, CA ♦ Intel D2P3 Submicron Facility, Santa Clara, CA Residential Developments ♦ Saitaire, Pacifica, CA ♦ Pacific View, Pacifica, CA ♦ Bair Island Road Residential Development, Redwood City, CA v Townsquare, Mountain View, CA ♦ Orchard Avenue Subdivision, Mountain View, CA ♦ Civic Center Townhomes, Santa Clara, CA _ ♦ Esprit, Milpitas CA ♦ Sutton Place, Sunnyvale, CA ♦ Fitzgerald Lumberyard Res. Dev., Los Gatos, CA ♦ California Nugget, Livermore, CA ♦ Alma Street SRO Housing, Palo Alto, CA ♦ Blossom Hill Senior Housing, San Jose, CA ♦ El Nido Heritage Ranch, San Ramon, CA LOWNEVASSOCIATES Environmentol/Geotechnlcd/En®tneerfg Services Page 2 of 3 Danh T. Tran Project Engineer Oak Knoll Vista, Oakland, CA v Forest Manor Senior Housing, San Jose, CA v New Mill, Mountain View, CA Bridges v New Bailey Avenue Bridge at Fisher Creek Bypass Channel, Coyote Valley, San Jose, CA v Fisher Creek Bridge Widening at Bailey Avenue, Coyote Valley, San Jose, CA Phase G Bridges at Cisco Systems Coyote Valley Campus, San Jose, CA v Tunnel Avenue Overhead Bridge Replacement, Brisbane, CA P:\MARKETING\CURRENT RESUMES\TRAN, DAHN.DOC, 1/22/03 2:13 PM I LOWIriEYASSOCiATES Envir-tcit/GeotechnicaiA-nglng Services Page 3 of 3 0 BROCK A. FOSTER, R.E.A. Project Manager Summary of Experience Brock A. Foster, R.E.A., Project Manager, has approximately 8 years of experience performing and managing a wide variety of customer focused environmental and geotechnical consulting services. Experiences have also included construction management and support services, construction observation and testing services, geotechnical field studies and laboratory testing, and surveying. Mr. Foster's projects have included but are not limited to: Phase I environmental site assessments, soil and ground water quality investigations, remedial projects, data evaluations to assess the risks to human health and the environment, and development of appropriate recommendations and conclusions. He has performed field and office investigations at numerous commercial, industrial, and agricultural sites impacted by solvents, petroleum fuels, waste oil, heavy metals, and pesticides. He also has experience working with state and local regulatory agencies, and is familiar with legislation relating to the environmental industry, current analytical techniques, regulatory requirements for remedial investigations, site investigation and remediation techniques, treatment system operation, UST systems, asbestos sampling and abatement, and NPDES permitting and storm water management. Education ♦ Bachelor of Science in Civil Engineering, Southern Illinois University, 1993 Registrations Registered Environmental Assessor I, #07648, California ♦ Engineer in Training, #061-025482, Illinois ♦ Certified Building Inspector for Asbestos -TSCA Title II, No. EM 513 BI Continuing Education ♦ OSHA 1910.120, 40-Hr Course: 6/94 ♦ OSHA 1910.120, Refresher: 3/95; 2/96; 3/97; 6/98; 7/99; 11/00; 1/02 ♦ OSHA 1910.120, 8-Hr Training for Supervisors: 4/02 ♦ Building Inspector for Asbestos, 3-Day Course: 4/97 ♦ Building Inspector for Asbestos, Refresher: 9/98; 5/00 ♦ Radiation Safety Officer Training: 5/00 ♦ Nuclear Gauge Operator Training: 4/95 ♦ Continuous Improvement Training: 4/96 ♦ California Geotechnical Engineers Association (CGEA) -Loss Prevention Seminar: 3/01 Publications The Brownfield Tax Incentive & Advantageous Recent Amendments. Lowney Views, Volume 8 - Issue 4. 9/01. V A Guide Through the California EPA. Lowney Views, Volume 7 - Issue 2. 3/00. California EPA Establishes Simplified Regulatory Program. Lowney Update. 3/99. Selected Project Experience Phase I Environmental Site Assessments ♦ Phase I, Pesticide Screening, and Fill Evaluation of 674-Acre Site, West Sacramento, CA Lt3WNEVASSOCLATES Ernironmentatceotecnriica/Engineering Services Page 1 of 3 Brock A. Foster, R.E.A. Project Manager ♦ Pre -Residential Development Phase I of a Former 30-Acre Military Facility, Dublin, CA ♦ Phase I of Orchid Nursery Prior to Demolition and Residential Development, South San Francisco, CA ♦ Phase I of Developed Sites for Planned Internet Data Centers, Irvine and El Segundo, CA Environmental Reviews for Environmental Impact Reports Phase I ESA of a Hazardous Waste Transfer Facility, San Martin, CA ♦ Geotechnical Evaluation of Stream Crossings for a Fiber Optic Route, Central and Southern CA Asbestos and Lead Surveys ♦ Pre -Demolition Asbestos Survey of Multiple Structures, San Ramon, CA ♦ Asbestos Survey, Abatement, and Contractor Monitoring at a USPS Facility, Montrose, CA ♦ Multiple Visual Asbestos Surveys in Conjunction with Phase I ESA's UST Management Services _ ♦ UST Operation, Maintenance, and Management Plans for 40 USPS facilities, CA ♦ Preparation of UST Removal Bid Document for a Fruit Packing Company, San Jose, CA ♦ Ethanol Compatibility Study of the USPS's California USTs Risk Assessments ♦ Risk Assessment for Transportation Agency LUFT Site, San Jose, CA ♦ San Creek Health Risk Assessment, Brentwood, CA Remedial Investigation /Feasibility Studies ♦ RI/FS for Fruit Packing Company LUFT Site, San Jose, CA ♦ Orchid Nursery Soil Abatement Pilot Study, South San Francisco, CA ♦ Pinole Point Steel Soil and Ground Water Quality Evaluation, Richmond, CA ♦ UST Closure Activities at 8 USPS Facilities, Sacrament Area, CA ♦ Wetland Foundation Material Evaluation at 220 Acre Site, San Jose, CA Construction Management/Remediation Services ♦ Coordination of UST Removals, Upgrades, and AST Installations at 18 USPS Facilities, CA ♦ Coordination of Remediation Contractor during Excavation of Lead Impacted Fill, Newark, CA _ ♦ Operation and Maintenance Plans for Capped Impacted Soil, Santa Clara and San Jose, CA Remedial Design Services ♦ Soil Vapor Extraction at LUFT Site, San Jose CA ♦ Soil Mixing at a Former Orchid Nursery, South San Francisco, CA ♦ Phase II and Soil Remediation Prior to Residential Development, Newark, CA Hazardous Materials Facility Closures ♦ Facility Closure of a Fruit Packing Company, San Jose, CA ♦ Phase I and Facility Closure of an Orchid Nursery, South San Francisco, CA Storm Water Pollution Prevention Monitoring Plans and Storm Water Monitoring ♦ SWPP&MP for Three USPS Facilities, San Francisco District, CA ♦ SWPP&MP for Transportation Company, Ranch Dominguez, CA ♦ Altamont Creek Storm Water Sampling, Livermore, CA Air Quality Evaluations ♦ Indoor Air Quality Evaluation for Residential Development, Byron, CA ♦ Fungal Evaluation 'at a USPS Facility, Chatsworth, CA LOW NEVASSCOATES Envkonmenta/Geotecnndca/enQineemg services Page 2 of 3 JAMES Field Supervisor Construction Education High School Graduate Licenses/Certif Cates ICBO - Structural Masonry DSA — Masonry Inspector AWS — QC -I Welding Inspector Los Angeles County — Concrete Los Angeles County — Masonry Los Angeles County — Structural Steel NICET Level II, Construction Materials, Concrete NICET Level II, Construction Materials, Asphalt NICET Level II, Construction Materials, Soil NICET Level II, Highway Materials Nuclear Gauge Certified ACI Technician -Grade I Experience ti � TILLEN Materials Testing & Inspection Mr. Tillen is currently a field -supervisor for the construction materials testing and inspection department. His duties and responsibilities include supervision and monitoring of assigned projects both in the field and in the laboratory, as well as performing the testing and inspection. He has been working in the engineering consulting field for more than twenty-six years. Being involved in various type and size of projects, he gained a great amount of wide range of experience. He has worked on soil engineering as well as construction inspection and testing projects. These included grading, taxiways, bridges, flood control structures, fire stations, city halls, courthouses, baseball stadiums, schools, and numerous private residential, commercial and industrial projects. Field Supervisor, Construction Materials Testing and Inspection 1992 — Present Mr. Tillen supervises materials testing and construction inspection technicians on construction projects. He implemented the state funded in-house training program (ETP), resulting in NICET certification of all technicians, as well as a company safety program including training, supervision and nuclear safety and licensing Construction Inspector/Materials Testing Technician 1976 — 1992 Mr. Tillen performed inspection and testing of engineering construction. Projects consist of Department of State Architect projects, residential, commercial and industrial projects. His scope of work includes: concrete, masonry, structural steel, and welding inspection. He performed structural inspections on various projects including municipal buildings, schools, fire stations, sport complexes, airports, bridge structures, flood control structures, and numerous private residential, commercial and industrial projects. Typical projects consisted of: public and private school grading inspection and materials testing, including Rancho Cucamonga High School, Etiwanda High School, airport pavement and hanger construction, streets in subdivision construction, parking lots for industrial and commercial development, pipeline for waste water treatment facilities and utility lines for sewer, water, gas, power and telephone in subdivision construction. DON PRUEITT Construction Inspector Education High School Graduate Fullerton Junior College Gary Larsen Inspection Technologies IBFW NFCA Electrical Inspection Licenses/Certificates DSA — Class 2 Project Inspector DSA — Masonry Inspector AWS — QC-1 Welding Inspector ICBO — Reinforced Concrete ICBO — Structural Masonry ICBO — Pre -stressed (Post tensioned Concrete ICBO — Structural Steel/Welding ICBO — Spray -applied Fire Proofing ACI Technician -Grade I Mr. Prueitt performs structural inspections, including: concrete, masonry, steel and welding and fireproofing. Recently, he has worked on various projects for the Alta Loma School District, Etiwanda School District, Central School District, and the Chaffey Joint Union High School District. Experience Construction Inspector 1999 - Present Duties consist of inspection and testing of engineering construction. Typical projects consist of Department of State Architect projects, airport improvement, street and other public works projects, residential, commercial and industrial grading and improvement projects. Scotia Construction Services 1997 — 1999 Performed field testing and structural inspection on various size projects. Scope of work included: grading, compaction testing, construction materials testing and structural inspections. Converse Consultants of Inland Empire 1993 - 1997 Duties included field inspection and testing on various projects. Work included mainly: grading, compaction testing, and construction materials testing. 3 - � M . � EARL ULMER Construction Inspector Education High School Graduate Oklahoma State University — 70 Units Licenses/Certificates AWS — QC-1 Welding Inspector ICBO — Reinforced Concrete ICBO — Structural Steel/Welding ICBO — Shotcrete ICBO — Building Inspector ACI Technician — Grade I Certified General Engineering Contractor Mr. Ulmer has performed structural inspection services on many projects. Some of the projects included: San Jacinto High School Library and Multi -Purpose Building Coca-Cola Syrup Division, Ontario, California Paramount Unified School District, Paramount, California Experience Construction Inspector 1999 — Present Mr. Ulmer performs inspection and testing of engineering construction. Typical projects consist of Department of State Architect projects, residential, commercial and industrial projects. Performs structural inspections on various projects. His scope of work includes: concrete, steel, and welding inspection. Education High School Graduate Licenses/Certiftcates ICBO — Reinforced Concrete ICBO — Structural Masonry ICBO — Pre -stressed Concrete ICBO — Spray -applied Fire Proofing ACI Technician — Grade 1 Nuclear Gauge Certified JOSEPH KORCHINSKI Construction Inspector Mr. Korchinski's experience includes performing reinforced concrete inspection and testing, post - tensioned slab inspections, inspection of spray applied fireproofing, and masonry inspection and testing. Experience Construction Inspector 2002 — Present Mr. Korchinski has performed post -tensioned slab inspections on several large residential tract projects. CHJ, Inc. 2001 — 2002 Performed field testing and structural inspection on various size projects. Scope of work included: grading, compaction testing, construction materials testing and structural inspections (reinforced and pre -stressed concrete, structural masonry, and spray -applied fireproofing). AMEC E & E Inc. 1998 — 2001 Performed field testing and structural inspection on various size projects. Scope of work included: grading, compaction testing, construction materials testing and structural inspections. . AGRAE&EInc. 1997 — 1998 Performed field testing and structural inspection on various size projects. Scope. of work included: grading, compaction testing, construction materials testing and structural inspections. Western Technologies Inc. 1996 — 1997 Performed field testing and structural inspection on various size projects. Scope of work included: grading, compaction testing, construction materials testing and structural inspections. Self -Employed 1995 1996 Independent construction inspector performed field-testing and structural inspection on various size projects in Bakersfield California. c MERL SMITH Construction Inspector Education High School Graduate Harbor Junior College Licenses/CertiIcates AWS - QC-1 Welding Inspector ICBO — Reinforced Concrete ICBO — Structural SteeUWelding City of Los Angeles — Structural SteeUWelding City of Long Beach — Structural SteeUWelding Los Angeles County —Structural SteeUWelding Orange County — Structural SteeUWelding ACI Technician -Grade I Nuclear Gauge Certified Mr. Smith performs structural inspections, including: concrete and structural steel and welding and fireproofing. Recently, he has worked on various projects for the Alta Loma School District, Etiwanda School District, Central School District, and the Chaffey Joint Union High School District. Experience 1994 — 1999 As an independent consultant Mr. Smith has performed QC/QA of structural steel fabrication and Portland construction projects on such as the UCLA Parking Structure No. 3, Wal-Mart in Laguna Detention Center, Nestle Food Warehouse, Santa Maria State Main Unit, 3M Industries Mineral Products seismic upgrades, San Stadium, Ontario Convention Center, Pasadena Blue Line Disneyland's' Rocket Rods Ride, and 144" pipe fabrication for District of Southern California. cement concrete numerous projects Niguel, West Valley Water Transmission Bernardino Baseball seismic upgrades, Metropolitan Water 1990 - 1994 Working for the City of Medford Oregon, Mr. Smith provided both inspection and construction management services for a series of expansion projects for Medford Wastewater Quality Control Plant. His responsibilities included overall inspection as well as drawing and specification reviews for completeness and constructability, and weekly construction reviews to forecast and eliminate potential problems and maintain a tight construction schedule. These projects included the construction of a new aerated grit removal system, a new sludge thickener, and a new anaerobic Digester. 1962 - 1990 During this 28-year period, Mr. Smith provided Resident Deputy Inspection, Resident Source Inspection, and Site Quality Control Inspection for several firms such as Smith -Emery, Twining Laboratories, C F Braun, Gust K Newberg, Osborne Testing, and Bethlehem Steel. His broad project experience includes inspection of High -Rise Buildings of 22, 32, and 57 stories, School and Hospital construction, a Reservoir and an Oil pipeline project, as well as multiple Oil refinery, Chemical, and Nuclear power generating plant construction, modernization, and addition projects. RALPH REED - Construction Inspector Education B.A. Degree — Ambassador College Certificate in Construction Management — California State Polytechnic University, Pomona High School Graduate Licenses/CerdIcates ICBO — Reinforced Concrete ICBO — Structural Masonry ICBO — Structural Masonry DSA — Masonry City of Los Angeles — Concrete City of Los Angeles — Masonry Los Angeles County — Concrete Los Angeles County — Masonry Orange County — Concrete Orange County — Masonry ACI Technician -Grade I Mr. Read has 8 years of experience as a construction inspector and performs concrete and masonry structural inspections. Some of the projects, on which Mr. Read performed structural inspection, were: Y Claremont McKenna College, Claremont v La Mirada Gym v Huntington Hotel, Pasadena v Mountain Warfare Training Center, Bridgeport, California v Desert Warfare Training Center, Niland, California. Experience Construction Inspector 2000 -Present Mr. Read performs special inspections on a wide variety of commercial, residential projects, as well as projects under permits from the Department of State Architect. The scope of structural inspections includes concrete and masonry. Twining Laboratories of Southern California 1994 - 2000 Mr. Read performed concrete and masonry inspection services on projects, including: IMAX Theatres in Santa Monica, Metrolink Red -Line in Los Angeles, Burns Recreation Center. Education High School Graduate Licenses/Certificates ICBO - Structural Steek Welding ICBO - Structural Masonry ICBO - Reinforced Concrete 1CB0 - Pre -stressed Concrete ICBO - Sprayed applied Fireproofing NICET Level II Generalist NICET Level II Exploration NICET Level II Laboratory NICET Level II Construction NICET Level II, Concrete, NICET Level 1I Soils NICET Level II Highway Nuclear Gauge Certified ACI Technician -Grade 1 MIKE WIELOGORSKI Field Supervisor Mr. Wielogorski is currently a field -supervising technician. His duties and responsibilities include supervision and monitoring of assigned projects both in the field and in the laboratory, as well as performing the testing and inspection. He has been working in the professional consulting field for more than 15 years. He has worked on soil engineering as well as construction inspection and testing projects. These included grading, pipeline, dam, and school projects. Experience Field Supervisor 1999 — Current Mr. Wielogorski is currently the field construction supervisor managing a staff of 10 construction inspectors in our San Bernardino Office. He is responsible for the materials testing laboratory at that facility. He has worked on numerous high profile projects including state highways, dams, water treatment plants, schools, and various heavy civil improvements as well as private developments for industrial, commercial, and residential clients. His experience allows him to perform the duties of a Quality Control Manager. Parsons Project Services, In.c. 1996 — 1999 Performed duties of lead field inspector, on the Eastside Reservoir project. Responsible for construction inspection, review of quality control test data and performing quality assurance tests. He was primarily responsible for the inspection of concrete structures of various types, the earth fill dam, and the major concrete elements within the dam itself. Converse Consultants 1990 — 1996 Field services supervisor as plans and specifications. Inland Empire well as field inspector monitoring compliance with project Group 1989 — 1990 Performed duties of field engineering technician. Duties involved testing and inspection of various construction materials, including concrete, steel, asphalt and soil. Leighton and Associates 1988 — 1989 Performed duties of field engineering technician. Mainly involved with testing and inspection of concrete and soil. TAE KUK KIM, EIT Staff Engineer Summary of Experience Tae Kuk Kim, Staff Engineer, has more than a year of experience performing and managing a variety of customer -focused geotechnical consulting services at Lowney Associates. Experiences have also included geotechnical engineering analysis, geotechnical field studies, laboratory testing, surveying, and construction management and support services. Mr. Kim's projects have included but are not limited to: geotechnical engineering analysis (slope stability analysis and response spectra analysis), pavement design, evaluation and management, site selection and soil dynamics. Education V M.S., Civil Engineering, Dong-A University, 1997 V M.S., Geotechnical/Pavement Engineering, Michigan State University, 1999 Continuing Education V Nuclear Gauge Operator Training: 11/01 V OSHA 1910.120, 40-Hr Course: 2/02 V Guidelines for analyzing and mitigating landslide hazards in California, 20/06/02- 21/06/02 V Continuous Improvement Training Experience V Military Service as a Soldier, 5/92 - 11/93 V Intern at Dae-Woo Construction Company: Pusan Harbor construction, 7/96 - 8/96 V Civil Engineer at Choung-Ryoung Construction Company, 1/97 - 6/97 V Research Assistance at Michigan State University, 10/98 - 8/01 Registration V License of Qualification for Civil Engineering of the First Grade given by the Korean Chamber of Commerce & Industry: 11/97 V Certificate of Japanese -Language Proficiency of the Second Grade given by Japan Foundation and the Association of International Education, Japan: 9/94 V Nuclear gauge operator: 11/01 V Engineering In Training, CA: 6/02 Professional Societies and Organizations V Associate member of American Society of Civil Engineers Select Project Experience Within the twelve months, Tae Kuk Kim has performed fieldwork, and/or prepared reports for the geotechnical projects at the Lowney Associates Fullerton office: LO"EVASSOCOTES Envk«,menrw/Geotechrica/Enor�eerme serWces Page 1 of 3 I Tae Kuk Kim, EIT Staff Geotechnical Engineer Public Projects ♦ Yorba Linda Water District Richfield Main (asphalt), Yorba Linda, CA ♦ Van Nuys reservoir, San Marino, CA ♦ Crescenta valley water district's various pipeline, La Crescenta,CA ♦ La Loma Reservoir, Monterey Park, CA ♦ Highland Park Reservoir, Monterey Park, CA ♦ IEUI, RP-1 Composting Building, Ontario, CA V Tract 51644 NCWD Tanks, Santa Clarita, CA ♦ Malburg 134 MW Power Plant, Vernon, CA ♦ Eaton Canyon Shooting Range, Pasadena, CA ♦ Pomona Reservoir 13 B, Claremont, CA ♦ LAMC Collaborative Studies, Sylmar, CA ♦ Yorba Linda Water District, Pulte Zone 5, Yorba Linda, CA ♦ Ridgeside Reservoir Geotechnical Investigation, CA Other Projects and Geotechnical Services Numerous subsurface explorations, sampling, Laboratory tests, Geotechnical engineering analysis and EWOTS projects: Junipero Serra High School, San Juan Capistrano, CA Slope stability analysis Upland Water Tank, Upland, CA Various geotechnical engineering analyses Waste Disposal Inc. Superfund Site, Santa Fe Springs, CA Various geotechnical engineering analyses (slope stability, response Spectra analysis and etc.) Mountain Cove Water Tank & Pump Station, Azusa, CA Concrete/Grouting Test Trenton Corporation Building, Diamond Bar, CA Utility Trench backfill Tosco, Brea, CA Utility pipeline trench backfill Southern California Gas Power Generator, Chartworth, CA Power generator pad density test Foothill Transit National Gas Plant, Pomona, CA Power generator pad density test Chevron San Diego Terminal Ethanol, San Diego, CA Laboratory tests and Construction observation Baxter Utility Pipeline Bridge, Los Angeles, CA Laboratory tests Church of Our Saviour Expansion, San Gabriel, CA Laboratory tests Allergan RD-III, Irvine, CA Construction observation Camarillo Gardens, Burbank, CA LRiW'FMSCCIATES Environmental/Geotechnical/Engineering SeMces Page 2 of 3 ' F 'b I . k Tae Kuk Kim, EXT Staff Geotechnical Engineer Field Exploration (borings) Computer Skills MSUSLOPE, STABL5, TSLOPE (Slope Stability Program); FRISKSP, EZ FRISK (Response spectra analysis); MathCad; AutoCad; Microsoft office programs; Unix; STAAD III, MARCS (FEM Commercial Program); ILLISLAB, DYNASLAB, KENSLAB (Rigid Pavement Analysis Program); KENLAYER, SAPSI, SAPSI-M, MICHBACK (Flexible Pavement Analysis Program); Publications "Effect of Frequency -Dependent Layer Moduli on Pavement Response" Nondestructive Testing of Pavement and Back calculation of Moduli: Third Volume, ASTM STP 1375, S. D. Tayabji and E. O. Lukanen, Eds., American Society for Testing and Materials, West Conshohocken, PA, 1999. with Karim Chatti. "Verification of the SAPSI-M Program Using Full -Scale Instrumented Pavements and Moving Truck Tests"; Proceedings, International Conference on Accelerated_ Pavement Testing, October 18 - 20, 1999, Reno, Nevada with Karim Chatti & Kyung Yun. "A Simple Closed -Form Solution for Back calculating Dynamic Foundation Coefficient" Proceedings, Pavement Subgrade, Unbound Materials, and Nondestructive Testing, Geo-Denver 2000, Geotechnical Special Publications No. 98, with Karim Chatti. "Truck Damage Factors Using Dissipated Energy versus Peak Strains" Proceedings, 6th International Symposium on Heavy Vehicle Weights and Dimensions, June 18 - 22, 2000,Saskatoon, Saskatchewan Canada with Karim Chatti & Doseung Lee. "Improved Foundation Models for Dynamic Rigid Pavement Analysis: Upgraded DYNASLAB Program" Master Project Report, Michigan State University, 1999. "Improved Slab-Subgrade Interaction Models for Predicting the Dynamic Response of Jointed Concrete Pavements" Final Report, C033735, Great Lakes Center for Truck and Transit Research, U. S. Department of Transportation, December, 1999 with Karim Chatti. _ LO"EVASSOCIATES Envkorunental/Gootechnicgl/Engineering Services Page 3 of 3 TIMOTHY J. MATSON Staff Geologist Summary of Experience Timothy J. Matson, Staff Geologist, has nearly two years of experience performing a wide variety of customer focused geotechnical-consulting services. Experiences have also included construction management and support services, construction observation and testing services, geotechnical field studies and laboratory testing, and surveying. Mr. Matson's projects have included but are not limited to: Exploratory borings, setting up in -situ Cone Penetration Tests (CPT), down hole logging, monitoring soil moisture and compaction using nuclear gauge and sand cone, use of photo - ionization detector (PID) to check for VOC's content level in soils, foundation construction and earthwork operations, drilled piers, mass grading, utility trench and retaining wall backfills, concrete testing and sampling, slump and cylinders. Education ♦ Bachelor of Science in Geology, California State University, Long Beach, 2000 Continuing Education ♦ 40 Hour HAZWOPER 29 CFR 1910.120: 11/01, updated 12/02 ♦ CPN Radiation Safety and Nuclear Gauge Operator Training: 8/01 ♦ ACI Concrete Field Testing Technician - Grade I (ID No. 128830) Experience Paleontological Monitor at SWCA, Orange County, CA, 5/99 - 8/01 Select Project Experience Within the last two years, Tim Matson has performed fieldwork, and/or prepared reports for the geotechnical projects listed below: Geotechnical Investigation ♦ Down Hole Logging & Continuous Coring, San Juan Capistrano, CA ♦ Installation of Methane Monitoring Well, Los Angeles, CA LOVT* 'ASSOCIATES _ - Environmental/Geotectricol/ErVneeMgSeMces Page 1 of 2 E Timothy 3. Matson Staff Geologist ♦ Numerous Exploratory Borings & Cone Penetration Testing (CPT), Orange, Los Angeles & Ventura Construction Observation and Testing ♦ Drilled Cast -In -Place Piles: Pharmaceutical Plant (confidential), Los Angeles, CA ♦ Drilled Soldier Piles & Tieback Installation: Trenton Office Building and Parking Structure, Diamond Bar, CA Metlox Subterranean Parking Structure, Manhattan Beach, CA ♦ Numerous Footing Observations and In -Place Density Tests: Allergan RD-III Building and Auditorium, Irvine, CA YLWD Pulte Zone 5 Reservoir and Pump Station, Yorba Linda, CA Compressed Natural Gas Vehicle Station, Burbank, CA LHHCWD 20-Inch Main, Whittier Boulevard (night shift backfill testing) PacifiCenter Utility Corridor (backfill testing at decommissioned Boeing plant) P:\MARKETING\CURRENT RESUMES\TJM-0 1 -02. DOC, 3/13/03 5:53 PM 1.0MAWASSOCIATES Envkorvnentd/Geotechnic_d/Engineering Services Page 2 of 2 INVOICING INFORMATION NEEDED FOR PROJECT STARTUP PLEASE PROVIDE THE FOLLOWING INFORMATION FOR INVOICING PURPOSES: 1) CLIENT CONTACT/PROJECT MANAGER NAME AND ADDRESS: SAME AT PROPOSAL ADDRESSEE 2) CLIENT CONTACT/PROJECT MANAGER PHONE, FAX, AND E-MAIL ADDRESS: 3) CLIENT PROJECT REFERENCE NUMBER (PROJECT, CONTRACT OR P.O. NUMBER): 4) INVOICE BILLING ADDRESS: nSAME AT PROPOSAL ADDRESSEE 5) ACCOUNTS PAYABLE CONTACT NAME: 6) ACCOUNTS. PAYABLE CONTACT PHONE AND FAX NUMBERS: 7) CLIENT STIPULATES THAT THE SERVICES TO BE PROVIDED BY LOWNEY ASSOCIATES ARE NOT SUBJECT TO STATE PREVAILING WAGES; THIS PROJECT HAS NOT RECEIVED STATE OR LOCAL FUNDING: YES NO INITIAL ONE INITIAL ONE TERMS AND CONDIT1014S OF"AGREEMENT 1.0 AGREEMENT 1.1 Lowney's services are defined by and limited to (1) those services (the "Work") described in the attached proposal, which is incorporated by this reference, and (2) these Terms and Conditions of Agreement ("Terms and Conditions"). Together, the proposal and Terms and Conditions form our Agreement. This Agreement represents the parties' entire agreement and supersedes all prior negotiations, representations, or agreements, either written or oral. The Agreement can only be amended by a written instrument signed by both the Client and Lowney. Failure to immediately enforce any provision in this Agreement shall not constitute a waiver of the right to enforce that provision or any other provision. 2.0 MISCELLANEOUS CHARGES 2.1 Expenses and other similar project -related costs are billed at cost plus eighteen and one-half (181/2) percent. Reproduction charges will be billed at twenty-five cents ($0.25) per page plus the technical assistant's time billed at their hourly rate. Fixed fee services will be performed for the agreed fixed fee sum. 3.0 TERMS OF PAYMENT 3.1 The Client's obligation to pay for the Work is in no way dependent upon the Client's ability to obtain financing or dependent upon the Client's successful completion of the project. Payment for Work and expenses shall be due and payable upon receipt of Lowney's statement. To be recognized, any dispute over charges must be claimed in writing within thirty (30) days of the billing date. Disputes or questions about a statement shall not be cause for withholding payment for remaining portions due. Amounts unpaid thirty (30) days after the issue date of Lowney's statement shall be assessed a service charge of one (1) percent per month on balances outstanding to compensate Lowney for the cost and burden of administering the account and collecting fees owed. Should any legal proceeding be commenced between the parties to this Agreement seeking to enforce any of its provisions, including, but not limited to, fee provisions, the prevailing party in such a proceeding shall be entitled to, in addition to such other relief as may be granted, a reasonable sum for attorneys' fees and other costs. For purposes of this provision, "prevailing party" shall include a party which dismisses an action for recovery hereunder in exchange for payment of the sum allegedly due, performance of covenants allegedly breached, or consideration substantially equal to the relief sought in the action or proceeding. Lowney may at its option withhold delivery of reports and other data pending receipt of payment for all Work rendered and shall have no liability to the Client for delay or damage caused because of such withholding. 4.0 INSURANCE 4.1 Lowney, its officers, employees, and agents (hereafter referred to as Lowney) are protected by Worker's Compensation Insurance (and/or Employer's Liability Insurance), by Commercial General Liability Insurance for bodily injury and property damage, and by Professional Liability Insurance (including Contractor's Pollution Liability Insurance), and will furnish certificates thereof upon request. Client specifically agrees that Lowney will not be responsible for property damage from any cause, including fire and explosion, beyond the amounts actually paid by Lowney's insurance carriers under Lowney's available insurance. 5.0 LIMITATIONS 5.1 Client recognizes the inherent risks connected with construction activities, geotechnical investigations, environmental investigations, and assessments. Client also recognizes that actual conditions at the site may vary from those observed by Lowney when performing the Work. Client specifically acknowledges and agrees that the interpretations and recommendations of Lowney are based on information actually reviewed and conditions actually observed by Lowney. Lowney shall not be responsible for the validity or accuracy of data collected by others or interpretations made by others. 5.2 The Client agrees to defend and indemnify Lowney from any and all claims, damages, costs, and losses (included attorneys' fees and costs) arising out of or in any way related to the Work or the performance or non-performance of obligations under this Agreement except when the Claim arises from the sole negligence of Lowney or where the Claim arises from the willful, wanton, or reckless conduct of Lowney. 5.3 In performing its professional services, Lowney will strive to use that degree of care and skill ordinarily exercised, under similar circumstances, by members of its profession practicing in the same or similar locality and under the same standard of care. No warranty, expressed or implied, is made or intended by Lowney by the proposal for consulting services, the contract between Lowney and Client, or by furnishing oral or written reports of the findings made to the Client or any other person. 5.4 This paragraph limits Lowney's liability -READ IT CAREFULLY. The Client understands and acknowledges that the Work poses certain risks to both Lowney and the Client. Client further acknowledges and agrees that the amount of risk that Lowney accepts by this Agreement" is commensurate with the amount of compensation received under this Agreement for the Work. Lowney's fee for the Work is based on and reflects Client's agreement to limit Lowney's liability as described below. Client specifically acknowledges and agrees that but for this promise to limit Lowney's liability, Lowney's fee would be significantly higher to accommodate Lowney for the risks posed by the Work and entering this Agreement. Client acknowledges its right to discuss this provision with legal counsel and negotiate with Lowney regarding this provisionandthe proposed fee. In reliance on the foregoing and in consideration for the fee proposed, Client specifically acknowledges and agrees that, to the fullest extent permitted by law, Lowney's total liability for any and all injuries, claims, liabilities, losses, costs, expenses, or damages whatsoever including, without limitation, attorneys' fees and legal costs (hereinafter "Claims') to Client and any third party arising out of or in any way related to the Work or this Agreement from any cause or causes including, but not limited to, Lowney's negligence, errors, omissions, or breach of contract or any duty, is limited to and shall not exceed $50,000 or the amount of Lowney's fee, whichever is greater (Option 1) except when the Claim arises from the sole negligence of Lowney or where the Claim arises from the willful, wanton, or reckless conduct of Lowney. In consideration of an additional fee of four (4) percent of Lowney's total Work fee or $400, whichever is greater, Lowney will raise the limitation of liability up to the amount actually paid by Lowney's insurance carriers for the Claims under Lowney's available insurance coverage (Limitation Increase) if and only if Client makes its'written request for the Limitation Increase before the commencement of the Work and Client and Lowney each initial and date this paragraph 5.4 below (Option 2) except when the Claim arises from the sole negligence of Lowney or where the Claim arises from the willful, wanton, or reckless conduct of Lowney. LIMITATION INCREASE: AGREED THAT LIMITATION OF LIABILITY INCREASED TO ACTUAL AMOUNT OF PROCEEDS PAID BY LOWNEY S INSURANCE CARRIERS IN EXCHANGE FOR ADDITIONAL FEE OF FOUR (4) PERCENT OF TOTAL SERVICE CHARGE OR $400, WHICHEVER IS GREATER. Client Initial Date Lowney Initial Date 5.5 Client agrees on its behalf and on behalf of Client's officers, directors, partners, principals, agents, employees, successors, representatives, and assignees (collectively referred to as "Client Group'l that in no event shall any action or proceeding be brought against Lowney by Client or Client Group for any claim or cause of action arising from or in any way related to the Work or this agreement unless such action or proceeding is commenced within three (3) years from the Date of Completion of Work provided by Lowney under this Agreement. Client and Client Group agree and acknowledge that the limitations period set forth herein supersedes, replaces, and supplants any and all limitation periods which would otherwise apply including, but not limited to, those appearing in the California Code of Civil Procedure. The Date of Completion shall be the date of the final invoice for the Work performed under this Agreement. 5.6 If Client requests that Lowney's work product be relied upon by a third party, including, but not limited to, a lender, Client specifically agrees to provide the third party with a copy of these terms and conditions and Client agrees to limit Lowney's total liability to Client and any third party as described in paragraph 5.4 above, and Client agrees to defend and indemnify Lowney from any and all third party claims, damages, costs, and losses arising out of or in any way related to the Work or the performance or non-performance of obligations under this Agreement except when the Claim arises from the sole negligence of Lowney or where the Claim arises from the willful, wanton, or reckless conduct of Lowney. Any third party which accepts Lowney's work product does so under the strict understanding that the third party is bound by all provisions in these Terms and.Conditions including, but not limited to, the provisions of paragraphs 5.4 and 5.5, above, and this paragraph 5.6. Every report, recommendation, finding, or conclusion issued by Lowney shall be subject to the limitations stated therein. 6.0 SCOPE AND EXECUTION OF SERVICES 6.1 Lowney will serve the Client by providing professional counsel and technical advice based on information furnished by the Client. The Client will make available to Lowney all known information regarding existing and proposed conditions of the site, including the location of all underground utilities and installations, and will immediately transmit any new information that becomes available or any change in plans. When hazardous materials are known, assumed or suspected to exist at a site, Lowney may be required by law to take appropriate precautions to protect the health and safety of its personnel. Client hereby warrants that if it knows or has any reason to assume or suspect that hazardous materials may exist at the project site, Client will immediately inform Lowney and warrants that Client has done its best to inform Lowney of the known or suspected hazardous materials' type, quantity, and location. Client and Lowney agree that Lowney shall not be responsible for any claims, damages, costs, or losses arising from or in any way related to conditions not actually encountered during the course of Lowney's work and Lowney shall not have any liability or responsibility for losses resulting from inaccurate or incomplete information supplied by Client, and Client agrees to defend and indemnify Lowney against claims, damages, costs, or losses arising there from. Lowney shall not be liable for failing to discover any condition the discovery of which would reasonably require the performance of services not authorized by Client. 6.2 Lowney will diligently proceed with its services and will submit its report in a timely manner, but it is expressly agreed and understood by Client that Lowney shall not be held responsible for delays occasioned by factors beyond its control, nor by factors which could not reasonably have been foreseen at the time of the execution of the Agreement between the parties. Lowney will not be responsible for any damages, consequential or otherwise, caused by delays in the completion of the Work. Lowney makes no warranties regarding time of completion of the Work. In the event that the Work is interrupted or delayed due to causes beyond Lowney's control (including, but not limited to, acts of God, war, riot, insurrection, inclement weather, fire acts of third parties or governmental bodies, or matters within the control of Client), Lowney shall be paid compensation for labor, equipment, and other costs Lowney incurs in order to perform the Work for the Client's benefit during the interruption or delay. 6.3 The individual or individuals who contract with Lowney on behalf of the Client warrant that they are duly authorized agents of the Client and are empowered to so contract. 6.4 Unless otherwise agreed in writing, the Client shall be entitled to two copies of each report prepared by Lowney. 6.5 In the event that Lowney submits a proposal including these Terms and Conditions of Agreement, to provide professional services and the Client authorizes the Work by means of a purchase order or other writing ("Confirmation"), it is expressly agreed that these Terms and Conditions shall apply, and any terms, condition, or provisions appearing in the Confirmation are void and inapplicable except to the extent the Confirmation authorizes the Work and binds Client to this Agreement. 7.0 SITE SAFETY 7.1 Lowney shall not be responsible for construction means, methods, techniques, sequences, or procedures, or for safety precautions and programs in connection with the job or the work of any contractor, subcontractor, or their agents or employees, or any other person performing work or services on the job or at the site. 8.0 TERMINATION 8.1 Either party may terminate this Agreement by giving the other party seven (7) days' written notice. Notice shall be effective as of the date of deposit in the U.S. Mail of the written notice, properly addressed to the person to be notified. In the event that the Client requests termination of the services prior to completion of Work, Lowney reserves the right to complete such analyses. and records as may be necessary to place its files in order and, where considered necessary to protect its professional reputation, to complete a report on the services performed to date. A termination charge of 10 percent of the total contract amount in addition to all costs incurred to the date of Work stoppage may be made at the discretion of Lowney. 9.0 OWNERSHIP OF DOCUMENTS 9.1 All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by Lowney, as instruments of Work, shall remain the property of Lowney. Client agrees that all reports and other services furnished to the Client or its agents, which are not paid for, will be immediately returned upon demand and will not be used by ,the Client for any purpose whatever. Client warrants that Lowney, in order to perform its Work under this Agreement, has the unrestricted license and right to use any information provided to Lowney by the Client or others. 10.0 RIGHT OF ENTRY 10.1 The Client will provide for right of entry of Lowney personnel and all necessary equipment, in order to complete the Work. While Lowney will take all reasonable precautions to minimize any damage to the property including underground utilities, it is acknowledged and agreed by Client that in the normal course of the Work some damage may occur, the correction of which is not part of this Agreement. Accordingly, Client shall waive any claim against Lowney and agree to defend and indemnify Lowney from any claims arising from entering or working on the site which is the subject of the Work. 11.0 MONITORING OF CONSTRUCTION 11.1 The Client hereby acknowledges and understands that unanticipated or changed conditions may be encountered during construction. Further, there is a substantial risk to both the Client and to Lowney if Lowney is not engaged to provide complete services, including but not limited to, construction observation services. Such risks include the increased likelihood of misinterpretation of Lowney's findings and conclusions, and error in implementing recommendations by Lowney. Therefore, if the Client fails to retain Lowney to provide complete services, the Client agrees to defend and indemnify Lowney against any and all claims, damages, costs, and losses arising out of or in any way related to the Work or arising out of implementing or interpreting Lowney's work product except when the Claim arises from the sole negligence of Lowney or where the Claim arises from the willful, wanton, or reckless conduct of Lowney. 12.0 DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS 12.1 Hazardous materials or other toxic substances may exist at a site where there is no reason known to Client to believe they could or should be present. Lowney and Client agree that the discovery of unanticipated potentially hazardous materials constitutes a changed condition mandating a renegotiation of the scope of Work or termination of Work. Lowney and Client also agree that the discovery of unanticipated potentially hazardous materials may make it necessary for Lowney to take immediate measures to protect public health, safety, and the environment. Lowney agrees to notify Client as soon as practically possible should unanticipated hazardous materials be encountered. Client encourages Lowney to take any or all measures that in Lowney's professional opinion are justified to preserve and N\Standards\Proposal Attachments\TERMS March 2003.DOC - 2 - protect the health and safety of Lowney's personnel, the public, and the environment, and Client agrees to compensate Lowney for the cost of such services. Further, the Client agrees to defend and indemnify Lowney from any and all claims, damages, costs, and losses arising out of or in any way related to subsurface sampling, including, but not limited to, claims, damages, costs, and losses arising from cross -contamination except when the Claim arises from the sole negligence of Lowney or where the Claim arises from the willful, wanton, or reckless conduct of Lowney. 13.0 CONTAMINATION OF A WATER -BEARING ZONE 13.1 Subsurface sampling may result in unavoidable contamination of certain subsurface areas, as when a probe or boring is advanced or drilled through a contaminated area, into a clean soil or a water -bearing zone. Because of the risks posed by such Work, and because subsurface sampling is often a necessary part of Lowney's Work, the Client hereby agrees to waive all claims against Lowney that in any way arise out of subsurface sampling, including claims relating to cross -contamination. 14.0 DISPOSAL OF SAMPLES AND DRILL CUTTINGS 14.1 Lowney shall hold samples collected during the performance of its Work no longer than 45 calendar days after issuance of any document that includes data obtained from them unless Client advises in writing otherwise; drill cuttings will be left on -site. In the event that soil, rock, water, or drill cuttings, and/or other samples or material are contaminated or are suspected to contain hazardous materials or other toxic substances hazardous or detrimental to public health, safety, or the environment as defined by federal, state, or local statutes, regulations, or ordinances, Lowney will, after completion of testing, notify the Client of same in order for the Client to arrange for the disposal of samples and materials. The Client recognizes and agrees that Lowney at no time assumes title to said samples and/or materials. The Client, not Lowney, remains ultimately responsible for selecting the disposal or treatment facility to which such samples and/or materials are to be delivered. The Client agrees to pay all costs associated with any storage, transport, and disposal of samples and materials, and to defend and indemnify Lowney from any and all claims arising out of or in any way related to the storage, transport, and disposal of asbestos, hazardous or toxic substances, or pollutants, including but not limited to, any samples and/or materials. 15.0 PREVAILING WAGE OBLIGATIONS 15.1 Client shall notify Lowney in writing if the Work subject to this Agreement constitutes a "public work" under any and all federal, state, and/or local prevailing wage laws, and/or living wage laws and/or ordinances, including, but not limited to, the Davis -Bacon Act and the provisions of California Labor Code §§ 1720, et seq. In addition, Client shall notify Lowney if Lowney is obligated by statute, any public contracting authority, and/or a developer to pay prevailing wages and benefits and/or any other predetermined wages or benefits (collectively, "prevailing wage obligations"). In the event that Lowney must adhere to federal, state, and/or local prevailing wage obligations for Work performed, Client shall provide Lowney with any and all prevailing wage determinations applicable to the Work to be performed by Lowney. Client understands and agrees that Lowney's fee for Work performed under this Agreement will be calculated, in part, on the basis of representations by Client regarding the existence and amount of any and all prevailing wage obligations and that, if such obligations exist, Lowney's fee might be different. Client further understands and agrees that Lowney will rely on the representations made by Client with regard to prevailing wage obligations and Client agrees to indemnify Lowney against any and all claims, liabilities, suits, demands, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees, arising from Lowney's reliance upon Client's representations regarding prevailing wage obligations. Client agrees that in the event of any such claims, suits, and/or demands, Lowney shall have the right to select counsel of its choosing. 16.0 CERTIFICATE OF MERIT 16.1 The client shall make no claim for professional negligence unless the Client has first provided Lowney with a written certification executed by an independent consultant currently practicing in the same discipline and locality as Lowney and licensed in the State of California. This certification shall: a) contain the name and license number of the certifier; b) specify the acts or omissions that the certifier contends are not in conformance with the standard care for a consultant performing professional services under similar circumstances; and c) state in detail the basis for the certifier's opinion that such acts or omissions do not conform to the standard of care. This certificate shall be provided to Lowney no less than 30 calendar days prior to the presentation of any claim or the institution of any mediation, arbitration or judicial proceeding. 17.0 MISCELLANEOUS PROVISIONS 17.1 The term "indemnify" shall mean indemnify, defend, and hold harmless from and against any and all claims, liabilities, suits, demands, losses, costs, and expenses, including, but not limited to, reasonable attorneys' fees and all legal expenses and fees incurred on appeal, and all interest thereon ("claims"), accruing or resulting to any and all persons, firms, or any other legal entities, on account of any damages or losses to property or persons, including death, or economic losses, arising out of the item, matter, action, or inaction specified in the specific provision. 17.2 This Agreement shall be governed by California law. The venue for any legal action brought pursuant to this Agreement shall be located within the County of Santa Clara, State of California. 17.3 Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the Client or Lowney. 17.4 The Client and Lowney, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party to this Agreement and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of this Agreement. Client shall not assign this Agreement or any right or cause of action hereunder without the written consent of Lowney. 17.5 Unless specified otherwise by Lowney, this quotation shall not remain in effect after thirty (30) days of the proposal date. 17.6 Lowney maintains a General Engineering A license (No. 682286) and Hazardous Substances Removal and Remedial Actions Certification with the State of California, which are regulated by the Contractors State License Board. Any questions concerning a contractor may be referred to the Registrar, Contractors State, License Board, P.O. Box 26000, Sacramento, California 95826. 17.7 Client agrees that Lowney may use and publish Client's name and a general description of Lowney's services with respect to the project in describing Lowney's experience and qualification to other clients or prospective clients. 17.8 This Agreement shall not create any rights or benefits to parties other than Client or Lowney. No third -party shall have the right to rely on Lowney's opinions rendered in connection with Lowney's services without Lowney's written consent and the third-party's agreement to be bound to the same terns and conditions as Client. 17.9 Client acknowledges and agrees that it has received and reviewed these Terms and Conditions and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. p:\Standards\proposal Attachments\TERMS March 2003.130C - 3 - L OWNEVASSOCIATES Envkonmentcd/Geotechnicd/Engineedng Services Schedule of Hourly Fee Rates Prevailing Wage Rates Through June 1, 2004 Senior Principal Engineer or Geologist $173.00 Principal Engineer or Geologist $165.00 Senior Project Engineer or Geologist $145.00 Project Engineer or Geologist $133.00 Project Industrial Hygienist $133.00 Senior Staff Engineer or Geologist $119.00 Staff Engineer or Geologist $115.00 Senior Supervisory Technician $115.00 Supervisory Technician $111.00 Engineering Technician $106.00 Dispatcher/Lab Technician $73.00 Technical Illustrator $73.00 Technical Assistant $73.00 Administrative Clerk $69.00 Equipment and Laboratory Unit Rate Charges 2-Wheel Drive Pickup Truck .................................................. $6.00 per hour Nuclear Moisture -Density Gauge..............................................7.00 per hour Global Positioning System (GPS)...........................................95.00 per day Slope Inclinometer............................................................ 160.00 per day Organic Vapor Meter.......................................................... 105.00 per day 55-Gallon Drum.................................................................. 50.00 each Concrete Test Cylinder Mold and Cure (ASTM C 31).................. 23.00 per cylinder cured Soils Laboratory Equipment..................................................12.00 per hour AutoCAD Illustration Software ............................................... 20.00 per hour Plotter.................................................................................5.00 per plot Charges for employees will be made in accordance with the Schedule of Hourly Fee Rates. These rates are subject to change in June 2004. For other than professional employees, time spent over 8 hours per day and on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sunday and over 16 hours per day will be charged at 2.0 times the hourly billing rate, and holiday work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to portal. Services performed under fixed fee contracts will be charged at the agreed fixed fee. For time and materials contracts, expenses and other similar project - related costs are billed at cost plus 18.5 percent. Payment for Work and expenses shall be due and payable upon receipt of Lowney's statement. To be recognized, any dispute over charges must be claimed in writing within thirty (30) days of the billing date. Disputes or questions about a statement shall not be cause for withholding payment for remaining portions due. Amounts unpaid thirty (30) days after the issue date of Lowney's statement shall be assessed a service charge of one (1) percent per month on balances outstanding to compensate Lowney for the cost and burden of administering the account and collecting fees owed. Lowney understand that the work subject to this Agreement constitutes a "public work" under federal, state, and/or local prevailing wage laws, and Lowney understands that it is obligated to pay prevailing wages and benefits and/or any other predetermined wages or benefits. P:\PROPOSALS\12000\12300 SERIES\P12368-MALBURG\P12368-FEE SCHEDULE.DOC r Construction Observation and Testing Our services are designed to provide you practical and cost-effective construction solutions. Acting as your "eyes and ears" on the construction site, we provide you with the oversight you need to keep your project on track. Our responsiveness and technical ability help keep your project on schedule. Because our staff communicates with the latest technologies in mobile networks, we are able to responsively dispatch engineers and technicians to your site. We are committed to construction cost savings and work diligently to provide you with quality services that meet your project budget. Count on Lowney Associates to develop practical and cost effective recommendations that meet your requirements. LV►NEVASSOCIATES Environmental/Geotechnical/Engineering Services Local Experience Means Projects Completed On Time +and' On Budget 3 LO1 M'fASSOCIATES Environmental/Geotechnicai/Engineering Services ■ r Concrete Testing Experts from observing footing excavations to concrete placement. Depend on Lowney Associates to observe, sample and test concrete, providing you with reports that indicate your compliance with the project specifications. In addition, we observe and record reinforcement and tendon placement to verify conformance with project plans, specifications and the Uniform Building Code. Since we perform both soil and concrete observation and testing services, we save you time and money by offering multiple services from one consultant. Lowney Associates has no minimum charge for these services. Avoid the hassle of dealing with numerous testing agencies —rely on Lowney Associates for all of your soil and concrete testing needs. L.OWNEVASSCCIATES Environmental/Geotechnical/Engineering Services Local Experience Means Projects Completed On Time and On Budget LNE%FASSOCIATES Environmental/Geotechnical/Engineering Services L NEVASSOCIATES Environmentol/Geotechnicd/Engineering Services 251 East Imperial Highway, Suite 470, Fullerton, CA 92835-1063 (714) 441-3090, FAX: (714) 441-3091, www.lowney.com Daily Field Report Lowney job No.: Page No.: of Project Name: Client: Report No.: Address: City, County:: Date: Day: General Contractor. General Contractor's Superintendent: Technician: Assistants: Earthwork Contractor: Earthwork contractor Superintendent: Material Supplier. Source and Description of Fill Material: Weather: ❑ Nuclear, p Sand Cone, ❑ Drive Cylinder, [I Other (below)❑am ❑pm OF, -Testing Method nuclear or sand cone): Compaction t Optimumti I In -place Relative Measured Curve ction 1 Moisture Moisture Pass/Fail Test Test Location Elevation 1 Density .• r (grid/station/etc.) (feet) (curve no. rtt) 11 (percent) (percent) . . Describe work completed, compaction equipment used, moisture conditions, subgrade condition, etc.: On site dient representative and phone number: Follow-up from prior report: EJ Yes, or 0 No What should be observed, checked, or tested during the next visit: WHITE: POST ON JOB, YELLOW: INPUT, THEN PROJECT FILE, PINK: LOWNEY FIELD FILE (Yellow copy must be turned in to the Lowney office by Friday of the same week.) A h 00 CV ol I-9 N ryc OV _m ri ri N hh N 6, v m 0`co u'7Q V V �d h'o 0, nN V) Q� i� P LL P - GO E LL. rm hU OQ ^V O P= o ° ai CO > N U - h- CV O E-n O o C) o Q N h OU pLL �w s �w ,pLO ON N� ^h F- .7 F.. F— N I— N 10 O_ ' ^ v J N co O W �— Q V a Q m c V o V m a •5 o O0 aV`� E W m ca „ ��Lo.0 Q V E U m O v t ) V oc) m ; LL. °° N (9 d o r� N z> LO O o b E a o 0 W i O Ed A § A ` .- / .2 8,Z; o ƒ c , o c m±oQ / / ƒ•§ t & � „ ©S@t0 '(+)ƒ / /3 �$ o Cd / / (ƒ tD\ , q .& •= y < g '«��;e•G®. 2 k ƒ § g / � § 7 § ƒ($ m\2 // %ecƒ 2 0-0 0 33.g±� \7: ;ie)U o $ 5 •o / j%t.§•-g§� ■ƒ/U/\v 7&/ r i5 o o & � .E / / c "I' ■\/ƒ\�.§f c 2 " �.§ 8 ) a ) / § § E\ u a a u 8'2'o c , 0 c @'m a b § o w o n n w o w o �- o. ac o °w p n n ff4 G R- �- n .7 A �-t fD w tD �- Q.. A .��. .'3�'• N O h fD O ,7n" N G O rC. r y Nn p-' R tlQ W < ^ VGO in p G G cr n' w NO W w aq t7 fo G H G- CD n N N G P, w O rt 'rD J a- � rt G O on n n G rw� rD crfb ro '•Q O N � ± � W W � � A- � � • � � O OQ �- � � n CG � (D � � !�� C n w rr �T � n .. y (rtA �.3' `•% C UQ web`� • G rt w N P n �Ji '.7 rt ," 2 '�'� (7q .p�- rt p .�, p p rt rt w C A ti Nu n R- 0 CD p UO w C n (1 (D O N rt n n J Q. rb � '� ac w b '+ w o � Gi n ti ti C3' f1 ^ G- n n O p- m c o cQ o CD o 3 s a 0 < Q Q o -% O m m O 3 c O O a- Q- 3 CQ HCD 91 CD ; rn tn• C Cl) Q j 3 3 CDYl- 1 O DCD Q cn 3- 1 co C Q CDCD CO N p° 3 _Ct_ Q n O CD N m CD 3 Qco 0 CD CD QCD CD (D - D �- (A-n Cn cn cn cn cn - -n v m -n X CDS 3 S O CD Q N CD r. Qo 0 •� G -s W Cn O n• - CD j Q A H ozz° s o Q na� CID � m 3 m' Q o• � x CDa• cQ ? 3CD Q to < CD .. � n O �•1 3 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B SCHEDULE OF HOURLY FEE RATES Senior Principal Engineer or Geologist $173.00 Principal Engineer or Geologist $165.00 Senior Project Engineer or Geologist $145.00 Project Engineer or Geologist $133.00 Project Industrial Hygienist $133.00 Senior Staff Engineer or Geologist $119.00 Staff Engineer or Geologist $115.00 Senior Supervisory Technician $115.00 Supervisory Technician $111.00 Engineering Technician $106.00 Dispatcher/Lab Technician $ 73.00 Technical Illustrator $ 73.00 Technical Assistant $ 73.00 Administrative Clerk $ 69.00 Equipment and Laboratory Unit Rate Charges 2-Wheel Drive Pickup Truck $ 6.00 per hour Nuclear Moisture -Density Gauge 7.00 per hour Global Positioning System (GPS) 95.00 per day Slope Inclinometer 160.00 per day Organic Vapor Meter 105.00 per day 55-Gallon Drum 50.00 each Concrete Test Cylinder Mold and Cure (ASTM C 31) 23.00 per cylinder cured Soils Laboratory Equipment 12.00 per hour AutoCAD Illustration Software 20.00 per hour Plotter 5.00 per plot Charges for employees will be made in accordance with the Schedule of Hourly Fee Rates. These rates are subject to change in June 2004. For other than professional employees, time spent over 8 hours per day and on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sunday and over 16 hours per day will be charged at 2.0 times the hourly billing rate, and holiday work will be charged at 2.5 times the hourly billing rate. All field personnel charges are portal to portal. Services performed under fixed fee contracts will be charged at the agreed fixed fee. For time and materials contracts, expenses and other similar project -related costs are billed at cost plus 18.5 percent. Reproduction charges will be billed at twenty-five cents ($0.25) per page plus the technical assistant's time billed at their hourly rate. EXHIBIT "B' EXHIBIT C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT C INSURANCE SCHEDULE (CONSULTANT) Consultant shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Bodily Injury m Property Damage Hazards Each Person Each Accident Each Accident Automobile Liability Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1,000,000 per employer 11. General and Professional Liability General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (If applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Professional Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by addendum hereto. b. In addition to the standard certificate of insurance, proof of general and professional liability coverage shall be furnished in the form checked below. Only certification of the following proofs will be accepted: I" For each policy, a notarized letter from the underwriter or carrier certifying that the coverage and statements in the standard certificate of insurance (attached thereto) are true and correct and that the signatory is an officer authorized to so certify. A copy of each policy certified by an officer of the underwriter or carrier and notarized. EXHIBIT "C' SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor r i THOMAS A. YBARRA a Mayor Pro—Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 City Council City of Vernon Honorable Members: CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 June 26, 2003 xr L The Project Director for the Malburg Generating Station Project (MGSP) has advised that the City enter into an agreement with Lowney Associates to provide geotechnical and construction materials observation and testing services for the MGSP at a cost not -to -exceed $498,900.00. This has been reviewed by the City Attorney and it is hereby recommended that an Agreement be entered with Lowney Associates for the aforementioned. Very truly yours, Bruce V. Malkenhorst' City Administrator/City Clerk BVM/ gm .. CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. "BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 26, 2003 Mr. Bruce V. Malkenhorst City Administrator/City Clerk 4305 Santa Fe Avenue Vernon, California 90058 EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Re: Third Party Inspection Services for Malburg Generating Station Project by Lowney Associates Dear Bruce: I have been advised by the City's Project Director for the Malburg Generating Station Project (the "Malburg Project") that the City needs to enter into an agreement with a consultant to provide geotechnical and construction materials observation and testing services during the construction of the Malburg Project. The Project Director has gone through a process of selecting Lowney Associates for an amount not to exceed $498,900.00. Because of time considerations in connection with the Malburg Project, we need to have the approval of an Agreement for Professional Consulting Services with Lowney Associates put on the agenda for the City Council meeting of July 2, 2003. EO:jl If you have any questions or comments, please contact me. Sincerely, Eduardo Olivo City Attorney r ' CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. `BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 June 27, 2003 EDUARDO OLIVO City Attorney FAX? (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Municipal Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 Mr. Danh Tran VIA Federal Express Senior Project Manager Lowney Associates 251 E. Imperial Highway, Suite 470 Fullerton, CA 92835 Re: Agreement for Professional Consulting Services Dear Mr. Tran: Enclosed please find two duplicate originals of the aforementioned Agreement which need to be signed by the appropriate parties and returned to the City, to the attention of Judy Lehr, Legal Department, by Tuesday morning, July 1, 2003. The Agreement is scheduled to be considered by the City Council at its meeting on July 2, 2003. Once the originals are executed by the City, one fully executed original will be returned to you for your files. Please refer to the enclosed "City of Vernon Signature Requirements for City Agreements" and comply with the requirements set forth for your company. I thank you for your cooperation regarding this matter. Very truly yours, --�-�, C-) . C---- L1 Anita Aviles for Eduardo Olivo City Attorney jl Enclosures cc: Ms. Gloria Orosco, Chief Deputy City Clerk (w/o encls.) CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 August 5, 2003 Lowney Associates 251 E Imperial Highway, Suite 470 Fullerton, CA 92835 Attn: Danh Tran, Senior Project Manager Re: Agreement for Professional Consulting Services Dear Mr. Tran: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 The insurance requirement has been met. Transmitted herewith is a duplicate original of the above referenced agreement approved by the Vernon City Council on July 2, 2003. If you have any questions regarding this matter, please call Mr. Eduardo Olivo, City Attorney, at (323) 583-8811 ext. 310. Very truly yours, Glo is J. Oro Chief Deputy City Clerk GJO/gm CC: Eduardo Olivo Dolores Fonseca Resolution No. 8245 Agreement No. 03-057 CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro-Tem WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST CITY HALL City Administrator/City Clerk 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 FAX (323) 826-1438 TELEPHONE (323) 583-8811 July 8, 2003 Lowney Associates 251 E. Imperial Highway, Suite 470 Fullerton, CA 92835 Attn: Danh Tran, Senior Project Manager Re: Agreement for Professional Consulting Services Dear Mr. Tran: EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 In accordance with Section 19.1) of said contract, you are to furnish the City with proof of Insurance as set forth in the Insurance Schedule, Exhibit "C" of the agreement. Please submit your proof of insurance to Joan Francone, Risk Manager, for review and approval. Upon receipt of said documentation this office will forward to you a fully executed duplicate original agreement. If you should have any questions, please contact Joan Francone at ext. 322. Very truly yours, 9i 2i Or co Fl.ief Deputy City Clerk GJO/gm cc: Joan Francone Eduardo Olivo Dolores Fonseca Resolution No. 8245 Agreement File No. 03-057