EFTA00613757.pdf

JACA & SIERRA _...ispor Testing Laboratories Geotechnical Engineers June 30, 2017 PROPOSAL (225) Att: Mr. Jeffrey Epstein Great St. Jim, LLC 6100 Red Hook Quarter B3 St. Thomas, VI 00802-1348 do: Ms. Daphne Wallace Via email: Tel: RE: Proposal for the performance of a geotechnical exploration at the site of the proposed pool at Great St. James Island, St. Thomas, USVI. Greetings, As requested, we are pleased to submit our proposal for the performance of a geotechnical exploration at the referenced project. Based on the provided information, we propose a total of two (2) test borings within the site of the proposed study. Subsurface exploration will be achieved as per ASTM D 1586 using a trailer mounted drill rig. Boring depth is estimated to be 15 - 20 ft beneath existing ground surface. At the completion of both, field and laboratory testing, a report will be submitted containing the soil and index properties of the subsoil at the location of the borings, geotechnical recommendations for the structure's foundation system and guidelines for earthwork operations. In case an unexpected subsoil condition is encountered, the owner or representative will be notified to obtain an order to proceed with the additional exploration required, and the cost will not be exceeded without his approval. This proposal considers that work will be performed during regular work hours. We shall not be responsible for damages caused to underground structures not shown on plans submitted to us. Underground utility clearance is not included in the scope of work provided in this proposal. Jaca 8 Sierra Engineering, PSC PO Box 363116, San Juan, PR 00936-3116 Road 850 Km 0.2 Las Cuevas Ward, Trujillo Alto, PR 00976 TEL. www.jacasierra.com EFTA00613757 Page 2 of 6 JACA & SIERRA Great St. James Island, USVI Testing Laboratories Geotechnical Engineers PROPOSAL (225) June 30, 2017 The estimated costs for the investigation and engineering report will be as follows: Description UM Units Rate Cost (US) Exploratory Program Mobilization and demobilization of drilling equipment and crew (Sill-STD including lump sum 1 $ 3,000.00 $ 3,000.00 airfare Drilling in overburden with split spoon In. ft. 40 $ 35.00 $ 1,400.00 sampling method Per diem and lodging (including setup days) days 3 $ 600.00 $ 1,800.00 Laboratory Tests General laboratory testing (visual/manual description, moisture content, spring tests, lump sum 1 $ 900.00 $ 900.00 soil classifications) Professional Services Engineering time for site visit, coordination, lump sum 1 $ 5,000.00 $ 5,000.00 boring log description and report preparation Subtotal $ 12,100.00 USVI Gross Receipt Tax (5%) $ 605.00 Total $ 12,705.00 Payment Terms and Conditions: 1. An advance commitment fee of $ 5,000.00 is required prior to mobilization of equipment. 2. The remaining balance of $ 7,705.00 must be paid after conclusion of drilling and before submittal of report. Notes: 1. Underground utility clearance is not included in the scope of work. These services can be provided using Ground Penetration Radar (GPR) for an additional cost of $2,500.00. This cost covers travel expenses, mobilization of equipment, per diem and lodging of the personnel performing the GPR survey and the utility clearance at the location of the proposed ten boreholes. Jaca & Sierra Engineering. PSC TEL www.jacasierra.com EFTA00613758 Page 3 of 6 JACA & SIERRA Great St. James Island, USVI Testing Laboratories Geotechnical Engineers PROPOSAL (225) June 30, 2017 Equipment Limitations: 1. Soil attenuation may restrict the use of GPR to shallow depths in profiles where clay is present. 2. The GPR Antenna beam width is broad making it difficult for radar to discriminate between closely spaced objects. 3. In disturbed ground the radar may detect the walls of a trench but not the pipe it contains. 4. Performance is limited by signal scattering in heterogeneous conditions (e.g. presence of rocky soils) and responds differently to changes in soil type, density, water content, as well as many other buried objects; which can make unique identification of the desired target difficult. GPR cannot see through metal plates, fine metal mesh and or pan decking. ACCREDITATION STATUS: Jaca & Sierra Engineering, PSC in Trujillo Alto, PR is accredited by the AASHTO Accreditations Program (AAP) for soil, construction materials and aggregates testing. We can provide evidence of status of accreditation with a list of accredited standards, upon request. We are also an US Army Corps of Engineers approved soil testing laboratory. Our laboratory is AAP compliant with the following general quality standards: • ASTM D3740: Standard Practice for Minimum Requirements for Agencies Engaged in the Testing and/or Inspection of Soil and Rock as Used in Engineering Design and Construction • ASTM E329: Standard Specification for Agencies Engaged in the Testing and/or Inspection of Materials Used in Construction • AASHTO R18: Quality System • ASTM 1077: CCRL Quality Systems GENERAL TERMS AND CONDITIONS: I. SCOPE OF WORK rates negotiated at the time of the request of the additional services. Jaca & Sierra Engineering. PSC thEzS) shall perform the services Services not expressly set forth in witting in the contract are excluded described in this contract and shall invoice the Client at the associated from J&S scope of work, and J&S assumes not duty to the Client to unit rates described in this proposal. This estimate is based on the perform such services or provide professional opinions related to such assumed schedule, scope of work and documents provided at the time services. this bid was developed. Any changes in the scope or design may result in additional fees. Jte.S will provide additional services under the II. STANDARD OF CARE contract, if requested by the Client, and invoice the Client for those Services performed by MS under this contract will be conducted in additional services in accordance with the rates in the contract or at accordance with the industry standards and generally accepted Jaca & Sierra Engineering. PSC TEL www.jacasierra.com EFTA00613759 Page 4 of6 JACA & SIERRA Great St. James Island, USVI Testing Laboratories —WOW Georethnical Engineers PROPOSAL (225) June 30, 2017 professional practices in the same or similar localities related to the Normal report distribution is three (3) copies to the Client. There may nature of the work accomplished at the time the services are be a charge if additional report copies are requested, either at the performed. No other warranty, express or implied, is made. original time of completion of the report or after, to cover the costs of color copies, shipping and labor (e.g., retrieval of archived files, re- III. RIGHT TO ENTRY assembly of reports, copying of report, etc.). The distribution of reports The Client shall be fully responsible for obtaining the necessary to a party other than the Client does not infer reliance on the report by authorization to allow J&S, its agents, subcontractors and that third party, unless expressed in writing by J&S. representatives to have access to the site and buildings thereon, including interiors, at reasonable times throughout performance of VII. UNAUTHORIZED CHANGES work by J&S. J&S will take reasonable precautions to minimize In the event the Client, the Client's contractors or subcontractors, or damage to the site from use of the equipment, but unavoidable damage anyone for whom the Client is legally liable makes or permits to be or alteration to the site prior to conducting the scope of services made any changes to any reports, plans, specifications or other described in this contract. If the site contains wooded land or areas of construction documents prepared by the Consultant without obtaining significant undergrowth, J&S will not perform clearing of vegetation the Consultant's prior written consent, the Client shall assume full that could be considered impassable by the individual(s) performing responsibility for the results of such changes. Therefore the Client the site work, unless otherwise stated in the contract. agrees to waive any claim against the Consultant and to release the Consultant from any liability arising directly or indirectly from such IV. DELAYS IN WORK changes. J&S will pursue the work in an efficient and expeditious manner, consistent with good quality practices. J&S will not be responsible for In addition, the Client agrees, to the fullest extent permitted by law, to delays in the work caused by the Client or its agents, consultants, indemnify and hold harmless the Consultant from any damages, contractors or sub contractors. Stand-by or non-productive time for liabilities or costs, including reasonable attorneys fees and costs of delays in J&S's work caused by others will be charged as work time, in defense, arising from such changes. accordance with the rates in the contract or at rates negotiated at the time of the delay. In addition, the Client agrees to include in any contracts for construction appropriate language that prohibits the Contractor or any V. SAFETY subcontractors of any tier from making any changes or modifications to J&S is only responsible for the on-site safety of its own employees. the Consultant's construction documents without the prior written However, this shall not be conducted to relieve the Client or any of its approval of the Consultant and that further requires the Contractor to contractors from their responsibilities for maintaining a safe job site. indemnify both the Consultant and the Client from any liability or cost Neither the professional activities of J&S, nor the presence of J&S's arising from such changes made without such proper authorization. employees, shall be construed to imply J&S has any responsibility for the safety of on-site personnel other than J&S employees. VIII. CONSTRUCTION OBSERVATION The Consultant shall visit the site at intervals appropriate to the stage VI. OWNERSHIP OF DOCUMENTS/RELIANCE of construction, or as otherwise agreed to in writing by the Client and Client will furnish J&S such reports, data, studies, plans, specifications, the Consultant, in order to observe the progress of the Work completed documents, and other information necessary for proper performance of by the Contractor. Such visits and observation are not intended to be J&S's services. J&S may rely upon documents provided by the Client an exhaustive check or a detailed inspection of the Contractor's work or other third parties in performing the service under this contract; but rather are to allow the Consultant, as an experienced professional, however, J&S will not conduct an independent evaluation of the to become generally familiar with the Work in progress and to accuracy or completeness of such information, and shall not be determine, in general, if the Work is proceeding in accordance with the responsible for any errors or omissions contained in such information. consultant recommendations. Based on this general observation, the Unless requested by the Client, J&S will retain the documents provided Consultant shall keep the Client informed about the progress of the by the Client. Reports, recommendations and other materials resulting Work and shall endeavor to guard the Client against deviations of our from J&S's services are intended for the sole use of the Client. The recommendations. If the Client desires more extensive project Client may provide the reports, recommendations and other materials observation or fulltime project representation, the Client shall request generated by J&S to outside parties; however, the contests thereof may that such services be provided by the Consultant as Additional not be used or relied upon by any other party, without the express Services in accordance with the terms of this Agreement. The written consent and authorization of J&S. Drawings, sketches, reports Consultant shall not inspect, supervise, direct or have control over the and other documents, including those in electronic format, which are Contractor's work nor have any responsibility for the construction prepared by J&S, are Instruments of Service to which J&S retains the means, methods, techniques, sequences or procedures selected by the exclusive common law, statutory copyright and ownership. As long as Contractor nor for the Contractor's safety precautions or programs in the Client is not in breach of its obligations pursuant to this proposal or connection with the Work These rights and responsibilities are solely agreement, J&S grants to the Client a nonexclusive license to use such those of the Contractor. The purpose of the project inspector is to Instruments of Service for the project for which the services are assure that the construction is made according to the Plans and rendered and for no other project. J&S will retain all pertinent records Specifications; this is not the purpose of the consultant field relating to services performed for a minimum period of 1 year observation. The consultant does not occupy or exercise constructive following submission of a report, during which period the records will control over the job site. The consultant renders professional opinions, be made available to the Client at all reasonable times. an intangible consulting service, for the benefit of the client. The Consultant shall not be responsible for any acts or omissions of the Jaca & Sierra Engineering. PSC TEL www.jacasierra.com EFTA00613760 Page5 of6 JACA & SIERRA Great St. James Island, USVI Testing Laboratories Georeanical Engineers PROPOSAL (225) June 30, 2017 Contractor, subcontractor, any entity performing any portions of the the documents in accordance with the subpoena, but will notify the Work, or any agents or employees of any of them. The Consultant does Client that the documents are being released. Any associate copying not guarantee the performance of the Contractor and shall not be and labor fees will be billed to the Client. If the Client claims that an responsible for the Contractor's failure to perform its Work in attorney-client or work product privilege exists with respect to the accordance with the consultant recommendations or Contract documents, it is the responsibility of the Client and its legal counsel to Documents, applicable laws, codes, rules or regulations. file any necessary motions with the court system and provide J&S with a copy of the approve ruling that a privilege does exist and that the IX. FAILURE TO FOLLOW RECOMMENDATIONS documents do not have to be released. J&S will not be held liable for problems that may occur if J&S recommendations are not followed or if J&S is instructed not to XIV. SPECIAL OR CONSEQUENTIAL DAMAGES provide recommendations. Accordingly, the Client waives any claim The Client and J&S agree that, to the fullest extent permitted by law, against J&S, and agrees to defend, indemnify and hold J&S harmless J&S shall not be liable to Client for any special, indirect or from any claim or liability for injury or loss, including attorney's fees, consequential damages whatsoever, whether caused by J&S that results from failure to implement J&S's recommendations, or from negligence, errors, omissions, strict liability, breach of contract, breach implementation of J&S's recommendations in a manner that is not in of warranty or other cause or causes whatsoever. strict accordance with them, or from the use/reliance of a report which did not include recommendations, per the request of the Client. The XV. CONFLICTS Client also agrees to compensate J&S for any time spent and expresses, Should any element of these General Terms and Conditions be deemed including attorney's fees, incurred by J&S in defense of any such claim, in conflict with any element of the contract, unless the contract clearly with such compensation to be based upon J&S's prevailing fee voids the conflicting element in the General Terms and Conditions, schedule and expense reimbursement policy. wording of the General Terms and Conditions shall govern. Any element of this agreement later held to violate a law or regulation shall X. STATUTES OF REPOSE AND LIMITATION be deemed void, but all remaining provisions shall continue in force. All legal causes of action between the parties to this Asievinent shall accrue and any applicable statutes of repose or limitation shall begin to XVI. DISPUTE RESOLUTION run not later than the date of Substantial Completion. The substantial Claims, disputes or other matters in controversy between the parties completion is the geotechnical report date. If the act or failure to act arising out of or relating to this agreement or breach thereof which complained of occurs after the date of Substantial Completion, then the involve, either individually or in the aggregate, monetary claims less date of final completion shall be used, but in no event shall any statute than or equal to fifty thousand dollars ($50,000.00), shall be subjected of repose or limitation begin to run any later than the date the to and decided by arbitration in accordance with the Construction Consultant's services are completed or terminated. Industry Arbitration Rules of the American Arbitration Association currently in effect. Claims in excess of such amount shall be subjected XI. INSURANCE/GENERAL LIABILITY to litigation in a court of competent jurisdiction in the Commonwealth J&S represents and warrants that it and its agents, staff, and of Puerto Rico. consultants are protected by workers' compensation insurance, and that J&S has such coverage under public liability and property damage XVII. ASSIGNMENT insurance policies, which J&S deems to be adequate. Certificates for all Neither the Client nor J&S may delegate, assign, sublet or transfer its such policies of insurance shall be provided to the Client upon request duties or interest in this contract without the written consent of the in writing. J&S shall not be responsible for any loss, damage or liability other party. arising from acts by the Client, its agents, staff and other consultants employed by the Client. XVIII. TERMINATION Either party may terminate this contract by seven (7) days written XR. INDEMNIFICATION notice in the event of substantial failure to perform in accordance with In addition, and notwithstanding any other provisions of this the terms of the contract by the other party though no fault of the Agreement, the Client agrees, to the fullest extent permitted by law, to terminating party. If this contract is terminated, it is agreed that J&S indemnify and hold harmless the Consultant, its officers, directors, shall be paid for total charges for labor performed to the termination employees and subconsultants (collectively, Consultant) against all notice date plus reimbursable charges. damages, liabilities or costs including reasonable attorney? fees and defense costs, arising out of or in any way connected with this Project XIX. GOVERNING LAW or the performance by any of the parties above named of the services The terms and conditions of this contract are to be governed by the under this Agreement, excepting only those damages, liabilities or laws of the Commonwealth of Puerto Rico. costs attributable to the negligent acts or negligent failure to act by the Consultant. XX. CLAIMS AGAINST J&S If the Client asserts a claim against J&S but fails to prove such claim, XIII. CONFIDENTIALITY the Client shall pay all costs incurred by J&S including counsel and The findings of the project and any information provided to J&S will be expert fees, in the defense of such action. Any liability on the part of kept confidential, except to the extent that revelation is required by J&S with others shall be joint and not several. state or federal regulations. In such case, J&S would contact the Client prior to notification to any regulatory agency. In the event of receipt of a subpoena for the records pertaining to the project, J&S will release Jaca S Sierra Engineering. PSC TEL www.jacasierra.com EFTA00613761 Page 6 of 6 JACA & SIERRA Great St. James Island, USVI Testing Laboratories —WOW - Geolechnical Engineers PROPOSAL (225) ...4111War June 30, 2017 XXI. LIMITATIONS OF LIABILITY consultant's negligence, errors, omissions, negligent misrepresentation, In order to obtain the benefit of a lower fee from consultant, among strict liability, breach of contract, or breach of warranty. other benefits, the owner agrees that, to the fullest extent permitted by law, consultant's total liability to owner is limited to $50,000.00 for any XXII. UNPAID BALANCES and all injuries, damages, claims, losses, expenses, or claim expenses Any unpaid balances for other than disputed charges will draw (including. attorneys fees) arising out of this agreement from any interest at the lesser of one and one-half percent per month or the cause or causes. Such causes include, but are not limited to, highest rate allowed by law commencing thirty days after date of invoice. We wish to thank you very much for the opportunity of submitting our proposal for the performance of the above described work. Respectfully submitted, JACA & SIERRA ENGINEERING, PSC Manu9f E. Candelario Cosme, MSCE, PE Geotecnical Engineer Please return a signed copy if in agreement with fees, terms and conditions Signed Date Name Print: Fax: Contact person Billing Address: for billing: Email: Phone: Phone (2): Jaca 8. Sierra Engineering. PSC TEL www.jacasierra.com EFTA00613762