HomeMy WebLinkAbout09/19/1995, C-13 - ADDITIONAL DESIGN SERVICES FOR THE JENNIFER STREET PEDESTRIAN/BICYCLE BRIDGE �' ��I�pnNu►� �� CI ty o f San Luis OBISpo �'"GSA
i COUNCIL AGENDA REPORT ITEM
NUMBELI/3
Meeting of September 19, 1995
FROM: Michael D. McCluskey, Public Works Direoo'5�
Prepared by: Bridget O. Fraser, Engineering Assistant
SUBJECT: Additional Design Services for the Jennifer Street Pedestrian/Bicycle Bridge
CAO RECOINEMMMATIONS:
By motion,
1) Approve "Amendment No. 1 to Agreement for Design Services: Jennifer Street
Pedestrian/Bicycle Bridge, Specification No. 94-03A" with RRM Design Group, Inc. in the
amount of$29,740
2) Authorize the Mayor to execute the amendment
3) Appropriate $34,000 from the unappropriated balance of the general fund to the Jennifer Street
Pedestrian/Bicycle Bridge project account
DISCUSSION:
On June 21, 1994, the Council awarded an agreement to RRM Design Group to design the Jennifer
Stret Pedestrian/Bicycle Bridge. On March 27, 1994 the Cultural Heritage Committee (CHC)
reviewed the project and on May 15, 1995 the Architectural Review Commission (ARC) reviewed the
project. The CHC and ARC both imposed conditions which could not have been anticipated and
which require extensive redesign. Other unanticipated circumstances also require additional services.
Amendment No. 1 to the existing design agreement provides for $29,740 of additional services as
follows:
c $7,773 for redesigning the Osos Street entrance ramp as a more aesthetically compatible
compressed switchback design as required by the CHC and ARC.
C $6,150 for a Phase H environmental assessment as required by the ARC to determine if
excavations might uncover contaminated soils.
C $3,957 for designing stairways as required by the ARC so that pedestrians can use the bridge
more easily.
C $2,000 for designing additional irrigation, planting, electrical, and lighting systems adjacent to
the project as required by the ARC.
C $2,670 for designing improvements to the adjacent substandard storm drain in Jennifer Street.
These improvements will help the project drainage to work better and protect the bridge and
ramp footings-
0 $4,190 for redesigning the city parking lot adjacent to the project so that the project will not
encroach on railroad right of way.
C $3,000 for construction surveying and staking. Requiring this service generally forces
designers to be more accountable for the accuracy of their construction documents.
The ARC also required that the city contract for an historical/archaeological surface survey, which
will cost about $2,000.
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������►i�lllllllllli° ��Ulll city of San k..A OBISPO
WON COUNCIL AGENDA REPORT
MCAL EVWACT:
Original Design Services (actual) $ 60,200
Additional Design Services (proposed) 29,740
Archaeological Survey (estimated) 2,000
Contingencies 8.060
Total $100,000
Current Budget 66.000
Additional Appropriation Needed $ 34,000
A State Proposition 116 grant will cover only $25,000 of the total design cost, so none of the
additional design expenditures can be reimbursed.
If the archaeological or environmental surveys require substantial mitigation measures, which in turn
will require additional appropriations.
The construction budget for this project as last reviewed by council and as shown on page 91,
Appendix B of the 1995/97 Financial Plan is $840,000 ($700,000 plus 20 % contingency). This budget
was based on a preliminary cost estimate provided by the consultant in February of this year prior to
review by the CHC and ARC. The latest estimated cost for construction submitted by the consultant,
which includes estimates for all of the additional design requirements, is now approximately $960,000
($800,000 plus 20% contingency).
ATTACEMM:
Amendment No. 1
1-%VW61%408apd1.rpe Septemba 11.1886
AMENDMENT NO. 1
TO
AGREEMENT FOR DESIGN SERVICES:
JENNIFER STREET PEDESTRIAN/BICYCLE BRIDGE
Agreement for"Design Services: Jennifer Street Pedestrian/Bicycle Bridge", executed on the 1st day of July, 1994,
by and between the City of San Luis Obispo and RRM Design Group, Inc, is amended to include the following
paragraphs under Attachment A, "Scope of Work and Compensation":
7. Additional Services
7.1 Ramp RedesigniCost Estimates. Redesign the Osos street ramp to provide a compressed
switchback design. Prepare alternate bridge schematic plan and elevations, landscape and
illustrative plans which include the switchback ramp. Provide additional photo boards and
perspectives as required.Submit redesign to staff for approval. Resubmit final ARC package
to Planning. Provide revised cost estimates based on approved ARC design Including
estimates for stairs, utility relocations, environmental assessments, property acquisition
costs.
Lump Sum Compensation: $7,773••
(" Amount previously billed by consultant on revised April 27th, revised May 22, and June
22nd statements.)
7.2 Stairways at Bridge Entrances, Consultant shall design new stairway access, in addition to
the proposed ramps, on both east and west ends of the bridge and incorporate into the
improvement plans and bid documents as an alternate bid item. Consultant will coordinate
design with bridge consultant. Stairway shall be designed to blend in with proposed bridge
and ramp system and shall be designed in accordance with all applicable codes.
Lump Sum Compensation: $3,957
7.3 Jenner Street Storm Dram. Investigate existing storm drain system,Coordinate with bridge
consultant and design system to tie-in structure drainage with under ground system.
Incorporate into improvement plans.
Lump Sum Compensation: $2,670
7.4 Parting Lot Design. Redesign city parking lot adjacent to bridge(southerly of Osos Street
ROW) to allow proposed structure and parking lot to remain outside of SP row. Provide
additional topography as necessary for design. Parking lot shall be designed in accordance
with City's minimum requirements for parking lots and shall make every effort to not reduce
the total number of parking spaces currently available. Schematic design shall be approved
by the city prior to incorporating into improvement plans.
Lump Sum Compensation: $4,190
7.5 Phase II Environmental Assessment Sub-consultant (Earth Systems) shall provide the
services as outlined on Attachment A2, proposal dated May 18, 1993 addressed to Km
Tulledge. Consultant shall coordinate work with subconsultant Environmental Assessment
shall be done concurrently with the geotechnical investigation.Samples shall be taken within
the proposed footing locations based on the final bridge design.
Lump Sum Compensation: $6,150"
The consultant is hereby authorized to proceed with the following contract options as referred to in various sections
of Attachment A, "Scope of Work and Compensation" of the agreement and are hereby incorporated into this
agreement:
"Task 3f Prepare site irrigation, planting, electrical and lighting construction plans of areas adjacent
to ramps and bridge
Lump Sum Compensation : $1,500
Task 4a Prepare final irrigation, planting and/or electrical site construction plans initiated in Task 3f.
above.
Lump Sum Compensation : $500.00
Task 0a Construction staking services. Provide field survey services to stake abutments, footings,
grading,excavation,curbs,planters and walkways. Stake all major form work for both bridge
abutments and approach ramps. Stake locations for utility construction or relocation, and
finish pavement tie-ins to ramps.
Lump Sum Compensation : $3,000
Total Additional Fees and Options: $29,740"
This amendment is executed by the following representatives:
Consultant
Victor Montgomery,
RRM Design Group, Inc.
City of San Luis Obispo:
Mayor
Attest
City Clerk
Approved as to Form
C' y
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Attachment A-2
Earth Systems Consultants
1i Northern California 4378 Santa Fe Road
I OW
San Luis Obispo, CA 93401
(805)5443276
FAX(805)544-1786
May 18, 1995
Ms Kim Tulledge
RRM Design Group
3026 South Higuera Street
San Luis Obispo,CA 93401
PROJECT: PROPOSED JENNIFER STREET PEDESTRIANBICYCLE BRIDGE
SOUTHERN PACIFIC RAILROAD TRACKS AT OSOS STREET
SAN LUIS OBISPO,CALIFORNIA
SUBJECT: Phase II Environmental Assessment
Dear Ms Tulledge:
In response to your request, we have prepared a cost estimate for a Phase II environmental
assessment at the above referenced site. The City of San Luis Obispo is planning to
construct a pedestrian/bicycle bridge over the Southern Pacific Railroad tracks where they
cross the Osos/Jennifer Street right-of-way. A Phase I assessment for the bridge site was
prepared by this firm in July 1994. The Phase I assessment identified potential concerns
with regard to past railroad activities at the proposed bridge site, based on review of
regulatory agency files and aerial photographs. The intent of the Phase II assessment is to
evaluate the areas around the proposed bridge abutments for evidence of soil
contamination-
We
ontaminationWe wish to emphasize at the outset of this process that the scope of work proposed in this
document may not completely define the vertical or lateral extent of soil contamination
beneath the proposed bridge site. Our approach is intended to first identify which, if any,
areas of the bridge site contain regulated concentrations of contaminants; once these "hot
spots" have been identified, additional assessment may be needed to fully define their
boundaries.
Background
Earth Systems Consultants previously submitted a proposal for a geotechnical investigation
at the referenced site dated April 1, 1994. This proposal has been prepared on the
assumption that field work for the proposed geotechnical investigation would be conducted
concurrently with this environmental assessment, as a cost savings measure for the City of
San Luis Obispo. If Phase 11 field work is conducted separately from the geotechnical
proposal,an additional cost would accrue,which is discussed later in the proposal.
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1i
Ms Kim Tulledge 2 May 18, 1995
The scope of the proposed assessment consists of the following tasks:
• Preparation of a site safety plan
• Drilling and sampling of seven soil borings
• Analytical testing of fourteen soil samples
• Data analysis and report preparation
A description of each of these tasks is presented below:
Site Safety Plan Preparation, Drilling and Sampling
Site Safety Plan
Prior to beginning field work, a site safety plan will be prepared to provide specific safety
procedures to be observed during drilling activities. The plan is required by Cal-OSHA
and Federal OSHA.regulations.
.Drilling and Sampling
Underground Service Alert (USA) will be contacted at least 48 hours prior to drilling to
mark underground utilities in the areas to be explored. The City shall arrange and provide
for access to exploratory drill locations on Southern Pacific Railroad property.
Seven borings will be drilled to maximum depths of 15 feet below ground surface (bgs),
within the seven proposed bridge abutment footings shown on the "Alternate 1 Site Layout
and Parking Plan" by RRM Design Group, dated April 28, 1995. Drilling will be
conducted using'a truck-mounted drill equipped with 8-inch diameter hollow stem auger.
A maximum of 105 lineal feet of drilling is proposed.
Samples will be collected from each of the soil borings at 5-foot intervals,and at locations
selected at the discretion of the field geologist. Samples will be collected with a split-spoon
sampler, using metal sleeves to retain the samples.- Sample sleeves will be immediately
sealed with Teflon, capped, and placed on ice for transport to the testing laboratory.
Sample handling will be accomplished in accordance with EPA protocol, including
chain-of-custody procedures.
A California Registered Geologist will be on-site to log the borings, monitor soils during
drilling for contamination, and collect soil samples. After drilling, the borings will be
backfilled with a cement/bentonite slurry, Drill cuttings will be placed in DOT-approved
55-gallon drums and stored on-site pending receipt of analytical results. Disposal of drill
cuttings, whether contaminated or not, is not included within the scope of this proposal.
Cost for Site Safety Plan,Drilling,and Sampling $ 2,075.00
Laboratory Analysis
Fourteen soil samples will be analyzed for total extractable petroleum hydrocarbons
CIEPH) by EPA method 8015M.
Ms Kim Tulledge 3 May 18, 1995
The soil sample from each side of the proposed bridge containing the highest TEPH
concentration will be analyzed for volatile organic compounds by EPA method 8240, total
concentrations of 17 Title 22 metals, and polychlorinated biphenyls (PCBs) by EPA
method 8080.
TEPH by EPA 8015, 14 samples @ $65.00 each $ 910.00
Volatile organics by EPA 8240,2 samples @ $165.00 each $ 330.00
Title 22 metals,2 samples @ $175.00 each $ 350.00
PCBs by EPA 8080, 2 samples @ $90.00 each $ 180.00
Cost for Laboratory Analysis $1,770.00
ReM PneparationMMect Management
After receiving laboratory results, a report will be prepared outlining the findings of the
Phase II assessment. The report will include a description of the materials encountered in
the exploratory borings, a discussion of laboratory analysis, alternatives for remedial
action,and the suggested scope of additional assessment, if it appears necessary to further
define any contamination that may be encountered. Other deliverables in the report will
include boring logs, a site map showing boring locations, and laboratory reports and
chain-of-custody documents. The report will be signed by a Registered Geologist. Project
management includes coordination of labor and materials outlined in this proposal, and
regulatory liaison.
Cost for Report PreparatiorRmject Management $1,850.00
Total Cost for Work Outlined Above $5,695.00
Additional Cost for Non-Concurrent Feld Work
As previously mentioned,the cost shown above assumes that field work will be conducted
concurrently with field work for the geotechnical investigation. If the field work is to be
conducted separately from the geotechnical investigation, an additional$620.00 should be
added to the total cost shown above
Qption for Assessment Work in Proposed City Easement
The City of San Luis Obispo is also considering acquiring an easement on Southern Pacific
Railroad property for"parking lot,ramp encroachment and maintenance." This proposed
easement encompasses a triangular area measuring about 150 feet long,and 60 feet wide,
and is adjacent to the southeast corner of the western bridge abutment, as shown shown on
the Alternate 1 Site Layout and Parking Plan. Per your request, we have included a cost to
evaluate the environmental condition of soils in the proposed easement. The cost for this
_optional work is not affected by field work being conducted concurrently with either the
geotechnical investigation or the other Phase II assessment work.
1i
Ms Kim Tulledge 4 May 18, 1995
We propose two additional drill rig borings to 15 feet bgs, and collection of shallow soil
samples at four locations using a manually operated soil auger advanced to a maximum
depth of 2 feet bgs.
Cost for Additional Drilling and Sampling $ 820.00
TEPH by EPA 8015, 8 samples @ $65.00 each $ 520.00
Volatile organics by EPA 8260, 1 sample @ $165.00 each $ 165.00
CCR Title 22 metals, 1 sample @ $175.00 each $ 175.00
PCBs by EPA 8080, 1 sample @ $90.00 each $ 90.00
Cost for Additional laboratory Analysis $ 950.00
Cost for Additional Report Preparation/Project Management $ 320.00
Total Cost for Option to Assess Proposed Easement Area $2,090.00
Schedule and Conditions
We expect that work on the project can begin within 5 working days .following
authorization,with the report available 10 working days receipt of final laboratory results.
Preliminary results of the assessment can be relayed on a verbal basis as they become
available. This fee quotation will remain in effect for 90 days. Should unforeseeable site
conditions require a different approach or additional work, this estimate may need to be
revised. We would notify the client of any major change in the proposed scope of work
prior to initiating such a change. Fees for additional services requested after authorization
or in the field will be charged at the hourly rates in effect at the time of the services request.
If the proposed scope of work, attached Earth Systems Consultants Terms for Services,
and fees are satisfactory, the return of the attached work order form,signed and dated by
the party responsible for payment, will constitute authorization for work on the project to
proceed. This agreement can be terminated by either party upon notification in writing.
Earth System Consultants'responsibility for the project will end upon completion of the
services described herein or termination of the agreement, unless authorization to perform
additional work and agreement for payment thereof is provided by the client.
It should be noted that any level of assessment cannot ascertain that a property is
completely free of chemical or toxic substances; therefore, Earth Systems Consultants
cannot offer the certification of a"clean"property. We believe the scope of work proposed
is appropriate to allow an owner,prospective buyer,or seller to make an informed business
decision.
1
Ms Kim Tulledge 5 May 18, 1995
Thank you for your consideration of this proposal. If you have any questions, or if we can
be of service in any way,please call this office at your convenience.
Sincerely,
Earth Systems Consultants Northern California
Brian Hale,Project Geologist Timothy Conroy, President
Ib
Auachmenm Terris
Work Order
Doc. No.: 9505-193.PRP
C0-9
Earth Systems Consultants
1r Northern California 4378 Santa Fe Road
WORK ORDER San Luis Obispo, CA 93401
(805)544-3276
FAX(805)544-1786
EARTH SYSTEMS CONSULTANTS NORTHERN CALIFORNIA, a California corporation,
and Client agree to a work assignment for Earth Systems Consultants Northern California as
follows:
Date: May 18, 1995 Doc. Number: 9505-193.PRP
Name of Project: JENNIFER STREET PEDESTRIANBICYCLE BRIDGE
Order Received by: Timothy Conroy
Client Name: RRM Design Group,Attn: Ms Kim Tulledge
Client Address: 3026 South Higuera Street Phone: (805) 543-1794
San Luis Obispo,CA 93401 Facsimile: (805)
.Location of Job: Osos/Jennifer Street at Southern Pacific Railroad tracks, San Luis
Obispo, California
Scope of Services: Phase H Environmental Assessment
Fees to be Charged: $ 5,695.00
CONDmON-
The Terms for Services(attached)are incorporated in full as part of this agreement. Invoices will be submitted upon
completion of work,or at two-week intervals,and are due and payable upon presentation. A Late Payment Service
Charge computed at the periodic rate of 1.5 percent per month will be applied to any unpaid balance commencing
thirty days after the date of invoice. Submittals to governmental agencies are the responsibility of the Client.
Cancellation of this contract by the Client must be in writing. Client agrees to pay for all services and materials
provided up to the time of termination.
Earth Systems Consultants AGREED TO AND ACCEPTED:
Northern California (By party responsible for payment)
othy Conroy, Vi President Client Name (please print)
Date Signature and Title
Please return a copy signed by client
to Earth Systems Consultants Date
Northern California
EARTH SYSTEMS CONSULTANTS NORTHERN CALIFORNIA
TERMS FOR SERVICES
SECTION 1: THE AGREEMENT damage is not pan of this agreement unless so specified
in the proposal.
1.1 The agreement between the parties consists of these
terms, the attached proposal and any exhibits or 3.2 The client is responsible for the accuracy of locations for
attachments noted in the proposal. Together these all subterranean structures and utilities. Earth Systems
elements will constitute the entire agreement superseding Consultants Northern California will take reasonable
any and all prior negotiations, correspondence, or precautions to avoid known subterranean structures,and
agreements either written or oral. Any changes to this the client waives any claim against Earth Systems
agreement must be mutually agreed to in writing. Consultants Northern California,and agrees to defend,
indemnify, and hold Earth Systems Consultants
12 If the Client is a corporation or public entity, the Northern California harmless from any claim or liability
individual or individuals who sign this agreement on for injury or loss,including costs of defense,arising from
behalf of the Client warrant that they are duly authorized damage done to subterranean structures and utilities not
agents of the Client and guarantee that the Client will identified or accurately located. In addition,client agrees
perform its duties under this agreement. The client binds to compensate Earth Systems Consultants Northern
himself, his partners, successors, executors, California for any time spent or expenses incurred by
administrators and assigns to this agreement in respect to Earth Systems Consultants Northern California in defense
all its terms and conditions. of any such claim with compensation to be based upon
Earth Systems Consultants Northern California's
SECTION 2: STANDARD OF CARE prevailing fee schedule and expense reimbursement
policy.
2.1 The client recognizes that subsurface conditions may vary
from those observed at locations where borings,surveys, SECTION 4: COOPERATION AND PROJECT
or explorations are made, and that site conditions may UNDERSTANDING
change with time. Data, interpretations, and
recommendations by Earth Systems Consultants Northern 4.1 Client will make available to Earth Systems Consultants
California willbe based solely on information available Northern California all information regarding existing and
to Earth Systems Consultants Northern California. Earth proposed conditions of the site. The information shall
Systems Consultants Northern California is responsible include, but not be limited to plot plans, topographic
for those data,interpretations,and recommendations,but surveys, hydrographic data, and previous soil data
will not be responsible for other parties'interpretations or including borings, field and laboratory tests and written
use of the information developed. reports. Client will immediately transmit to Earth
Systems Consultants Northern California any new
2.2 Services performed by Earth Systems Consultants information which becomes available or any change in
Northern California under this agreement will be plans.
conducted in a manner consistentwith the level of care
and skill ordinarily exercised by members of this 4.2 Client agrees to provide a representative at the job site to
profession currently practicing under similar conditions supervise and coordinate the job when required by the
and in the same locality of the project. No warranty, Earth Systems Consultants Northern California and upon
expressed or implied,is made. 24 hours notice. Earth Systems Consultants Northern
California shall not be liable for any incorrect advice,
SECTION 3: SITE ACCESS AND SITE judgement or decision based on any inaccurate
CONDITIONS information furnished by client,and client will indemnify
Earth Systems Consultants Northern California against
3.1 Client will grant or obtain free access to the site for all claims,demands,or liability arising out of or contributed
equipment and personnel necessary for Earth Systems to by such information.
Consultants Northern California to perform the work set
forth in this agreement. Client will grant or obtain SECTION 5: SAMPLE DISPOSAL
permission for Earth Systems Consultants Northern
California personnel to photograph the site. The client 5.1 Earth Systems Consultants Northern California will
will notify any and all possessors of the project site that dispose of all remaining soil and rock samples at the time
client has granted Earth Systems Consultants Northern of report completion. Further storage or transfer of
California free access to the site. Earth Systems samples can be made at client's expense upon client's
Consultants Northern California will take reasonable prior written request.
precautions to minimize damage to the site, but it is
understood by client that, in the normal course of work, 5.2 Contaminated drill cuttings, sample spoils, and wash
some damage may occur and the correction of such water may be produced as a result of encountering
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Terms for Services 1 09-09-93
Earth Systems Consultants Northern California
SECTION 8: OWNERSHIP OF DOCUMENTS performed prior to the date of termination p'
reasonable termination expenses,including the cost
8.1 All reports,boring logs,field data,.freld notes, laboratory completing analyses, records and report necessary to
test data, calculations, estimates, and other documents document job status at the time of termination.
prepared by Earth Systems .Consultants Northern
California as instruments of service, shall remain the SECTION 12: RISK ALLOCATION
property of Earth Systems Consultants Northern
California 12.1 There are a variety of risks which potentially affect Earth
Systems Consultants Northern California by virtue of
8.2 Client agrees that all reports and other work furnished to entering into an agreement to perform professional
the client or his agents, which is not paid for, will be engineering services on the client's behalf. In order for
returned upon demand and will not be used by the client the client to obtain the benefit of a fee which includes a
or others for any purpose whatsoever. lesser allowance for dealing with Earth Systems
Consultants Northern California's risks, the client agrees
8.3 Earth Systems Consultants Northern California will to limit Earth Systems Consultants Northern California's
retain all pertinent records relating to the services liability to the client and to all other parties for claims
performed fora period not exceeding three years following arising out of Earth Systems Consultants Northern
submission of the report,during which period the records California's performance of the services described in this
will be made available to the client at all reasonable agreement. The total aggregate liability of Earth Systems
times. Consultants Northern California will not exceed$50,000
for negligent professional acts, errors or omissions, and
SECTION 9: CLIENT CHANGES the client agrees to indemnify Earth Systems Consultants
Northern California for all liabilities in excess of the
9.1 In the event any changes are made in theplans and monetary limits established above.
specifications by the client or persons other than Earth
Systems Consultants Northern California,client agrees to 12.2 Client agrees that in no instance shall Earth Systems
hold Earth Systems Consultants Northern California Consultants Northern California be responsible, in total
harmless from any liability arising out of such changes or in part,for the errors or omissions of any other Desiy-
and the client assumes full responsibility unless the client Professional, Contractor, Subcontractor or any oil
has given Earth Systems Consultants Northern California party. Client also agrees that Earth Systems Consultant.
prior notice and has received Earth Systems Consultants Northern California shall not be responsible for the
Northern California's written consent for such changes. means,methods,procedures,performance or safety of the
construction contractors or subcontractors or for their
SECTION 10: INSURANCE errors or omissions.
10.1 Earth Systems Consultants Northern California and its SECTION 13: DISCOVERY OF
agents,staff and consultants employed by it are protected UNANTICIPATED
by worker's compensation insurance and maintains HAZARDOUS MATERIAIS
coverage under public liability and property damage
insurance policies which Earth Systems Consultants 13.1 Client warrants that a reasonable effort to inform Earth
Northem California deems to be adequate. Certificates for Systems Consultants Northern California of known or
all such policies of insurance shall be provided to client suspected hazardous materials on or near the project site
upon request in writing. Earth Systems Consultants has been made.
Northem California shall not be responsible for any loss,
damage or liability beyond the amounts, limits, and 132 Hazardous materials may exist at a site where there is no
conditions of such insurance. Earth Systems Consultants reason to believe they could or should be present. Earth
Northern California shall not be responsible for any loss, Systems Consultants Northern California and client agree
damage, or liability arising from any acts by client, its that the discovery of unanticipated hazardous materials
agents,staff,and other consultants employed by it. constitutes a changed condition mandating a re-
negotiation of the scope of work or termination of
SECTION 11: TERNUNATION services. The client recognizes that the discovery of
hazardous materials may necessitate immediate protective
11.1 This agreement may be terminated by either party upon measures to safeguard the public health and safety and
written notification,or seven(7)days after written notice agrees to compensate Earth Systems Consultants
in the event of nonpayment(see Section 7),any breach of Northern California for measures that in our professional
any provision of this agreement, in the event of opinion are justified to preserve and protect the health a
substantial failure of performance by the other party,or if safety of site personnel and the public.
the client suspends the work for more than three (3)
months. In the event of termination, Earth Systems 13.3 Earth Systems Consultants Northern California agrees to
Consultants Northern California will be paid for services notify client as soon as practically possible should
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Tams for Services 3 09-09-93