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Proposal No. EB-24-0282-P-MT - 3 -February 16, 2024 <br />Revised April 1, 2024 <br />ASSUMPTIONS AND PROPOSED FEES <br />Based on our experience with similar projects, we have made various assumptions regarding our scope of <br />services. Notable assumptions are as follows: <br />•The project Resident Engineer will perform inspections of reinforcing steel and additional special <br />inspection will not be required. <br />•Source inspections will not be required on this project. <br />•Materials testing for activities entirely outside of Caltrans Right-of-Way will not require the full suite of <br />laboratory testing required by Caltrans. <br />•Laboratory testing beyond that tabulated above will not be required. <br />•Gamma Gamma Logging will be performed for all soundwall piers in a single visit during daytime hours. <br />We propose to perform the scope of services outlined above on a time-and-materials basis for an estimated <br />fee of $118,340 ($124,260 with 5% contingency budget only to be used with City’s approval). If unforeseen <br />conditions are encountered, or if we experience delays or circumstances beyond our control, we will notify you <br />immediately to discuss modifications to the scope of services and/or project fees. <br />AUTHORIZATION AND CLOSURE <br />Please carefully review the contents of this proposal and the attached 2023 Schedule of Fees, which is <br />incorporated into and made a part of this proposal. If the above proposal is agreeable, please forward a <br />professional services agreement for our review. We will commence with the scope of services outlined herein <br />upon receipt of your written authorization; however, services provided by Geocon will be pursuant to the <br />attached 2023 Schedule of Fees until or unless a mutually agreed upon contract is finalized. <br />It is mutually agreed between Client and Geocon that all services afforded and work performed by Geocon are <br />provided pursuant to Civil Code Section 2782 and such agreement is expressly integrated into and made a <br />part of any and all contracts or agreements entered into between the parties. <br />Please be advised that if Geocon is required to provide an immediate defense to Client pursuant to a claim <br />alleging the negligence of Geocon, Client will be billed on a time and materials basis for such defense in <br />accordance with Geocon’s 2024 Schedule of Fees, and if there is a final determination by a court of competent <br />jurisdiction that a portion of the damages awarded in connection with a claim were caused by or attributable <br />to Geocon, then Geocon shall be obligated to reimburse Client for that portion of the defense costs reasonably <br />incurred by Client which is attributable to the portion of the damages caused by or attributable to Geocon. <br />Notwithstanding the foregoing, under no circumstances shall Geocon be liable for providing an immediate <br />defense to Client for any claim not alleging the negligence or other liability of Geocon. <br />We look forward to providing professional services on this City improvement project. Please contact us if you <br />have any questions regarding this proposal or if we may be of further service. <br />Sincerely, <br />GEOCON CONSULTANTS, INC. <br />Jacob Bishop-Moser, PE Shane Rodacker, GE <br />Project Engineer Vice President <br />(1/e-mail) Addressee <br />Attachment: 2023 Schedule of Fees <br />DocuSign Envelope ID: 14369EE6-B805-41B3-A371-34FFE0CB57FDDocuSign Envelope ID: E98D18FD-044F-4EAC-A836-347C5592F316