HomeMy WebLinkAboutReso 48-26 Approving Agreements for On-Call Geology & Geotechnical Engineering Services with BSK Associates, ENGEO, and Geocon Consultants Inc.Reso. No. 48-26, Item 5.5, Adopted 06/16/2026 Page 1 of 1
RESOLUTION NO. 48 – 26
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENTS FOR ON-CALL GEOLOGY & GEOTECHNICAL ENGINEERING SERVICES
WITH BSK ASSOCIATES, ENGEO, AND GEOCON CONSULTANTS, INC.
WHEREAS, on April 24, 2026 Staff issued a Request for Qualifications (RFQ) for On-Call Geology &
Geotechnical Engineering Services; and
WHEREAS, the City received five statements of qualification (SOQs) to the RFQ; and
WHEREAS, Staff reviewed and evaluated the SOWs in accordance with the RFQ rating criteria; and
WHEREAS, the City desires to enter into agreements for On-Call Geology & Geotechnical
Engineering Services with BSK Associates, ENGEO, and Geocon Consultants, Inc. for an amount not to
exceed $1,000,000 over a three-year term.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby
approve the agreements with BSK Associates, ENGEO, and Geocon Consultants, Inc. attached hereto as
Exhibits A - C to this Resolution.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the agreements,
attached hereto as Exhibits A - C, and make any necessary, non-substantive changes to carry out the
intent of this Resolution.
PASSED, APPROVED AND ADOPTED BY the City Council of the City of Dublin, on this 16th day of
June 2026 by the following vote:
AYES: Councilmembers Josey, McCorriston, Morada, Qaadri and Mayor Hu
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
BSK ASSOCIATES
FOR
ON-CALL GEOLOGY & GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of
Dublin (“City”) and BSK Associates (“Consultant”) (together sometimes referred to as
the “Parties”) as of July 1, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of
Work attached as Exhibit A at the time and place and in the manner specified therein.
In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on June 30, 2029, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the services required by
this Agreement shall not affect the City’s right to terminate the Agreement,
as referenced in Section 8. Notwithstanding the foregoing this Agreement
may be extended on a month to month basis for up to 6 months upon the
written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price
charged by the Consultant for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall affect the City’s
right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which
Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. In the event
that City, in its sole discretion, at any time during the term of this
Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
standard of performance provided in Subsection 1.2 above and to satisfy
Consultant’s obligations hereunder.
Exhibit A to the Resolution
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1.5 Public Works Requirements. Because the services described in Exhibit
A include “work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying
work,” the services constitute a public works within the definition of
Section 1720(a)(1) of the California Labor Code. As a result, Consultant is
required to comply with the provisions of the California Labor Code
applicable to public works.
1.6 Public Works Contractor Registration. Consultant agrees, in
accordance with Section 1771.1 of the California Labor Code, that
Consultant or any subconsultant shall not be qualified to bid on, be listed
in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public
work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor
Code, unless currently registered and qualified to perform public work
pursuant to California Labor Code section 1725.5. It is not a violation of
this section for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5
at the time the contract is awarded. No contractor or subcontractor may
be awarded a contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant to
California Labor Code section 1725.5. Consultant agrees, in accordance
with Section 1771.4 of the California Labor Code, that if the work under
this Agreement qualifies as public work, it is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,000,000, notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict regarding the amount of compensation
between this Agreement and Consultant’s proposal, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of employees
and subcontractors of Consultant. Consequently, the Parties further agree that
compensation hereunder is intended to include the costs of contributions to any
pensions and/or annuities to which Consultant and its employees, agents, and
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subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Agreement shall bill more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
▪Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
▪The beginning and ending dates of the billing period;
▪A Task Summary containing the original contract amount, the amount
of prior billings, the total due this period, the balance available under
the Agreement, and the percentage of completion;
▪A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual
performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or
quarter hour
o If this Agreement covers multiple projects, all hours must
also be logged by project assignment
o A brief description of the work, and each reimbursable
expense
▪The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
▪The Consultant’s signature;
▪Consultant shall give separate notice to the City when the total number
of hours worked by Consultant and any individual employee, agent, or
subcontractor of Consultant reaches or exceeds 800 hours within a 12-
month period under this Agreement and any other agreement between
Consultant and City. Such notice shall include an estimate of the time
necessary to complete work described in Exhibit A and the estimate of
time necessary to complete work under any other agreement between
Consultant and City, if applicable.
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2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized
reimbursable costs incurred. City shall have 30 days from the receipt of
an invoice that complies with all of the requirements above to pay
Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant
to this Agreement within 60 days after completion of the services and
submittal to City of a final invoice, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any additional
sum for any expense or cost whatsoever incurred by Consultant in
rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or
for the entire Agreement, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or
amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the compensation schedule
attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in
Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall
compensate the Consultant for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of
written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of
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this Agreement until receipt of authorization from the Contract
Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant
shall, at its sole cost and expense, provide all facilities and equipment that may be
necessary to perform the services required by this Agreement. City shall make
available to Consultant only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space,
as may be reasonably necessary for Consultant’s use while consulting with City
employees and reviewing records and the information in possession of the City. The
location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring
any direct expense, including but not limited to computer, long-distance telephone or
other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to
persons or damages to property that may arise from or in connection with the
performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant
shall provide proof satisfactory to City of such insurance that meets the requirements of
this section and under forms of insurance satisfactory in all respects, and that such
insurance is in effect prior to beginning work. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of
such insurance shall be included in the Consultant's bid or proposal. Consultant shall
not allow any subcontractor to commence work on any subcontract until Consultant has
obtained all insurance required herein for the subcontractor(s) and provided evidence to
City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE
SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Consultant shall maintain all required insurance listed herein for the
duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and
expense, maintain Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance for any and all persons employed
directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall
be provided with limits of not less than $1,000,000 per accident. In
the alternative, Consultant may rely on a self-insurance program to
meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code.
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Determination of whether a self-insurance program meets the
standards of the California Labor Code shall be solely in the
discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver
of subrogation in favor of the entity for all work performed by the
Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section; and
b. Waiver of Subrogation Endorsement as required by the
section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense,
shall maintain commercial general liability insurance for the term of
this Agreement in an amount not less than $1,000,000 and
automobile liability insurance for the term of this Agreement in an
amount not less than $1,000,000 per occurrence, combined single
limit coverage for risks associated with the work contemplated by
this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this
Agreement, including without limitation, blanket contractual liability
and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial
General Liability occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any
auto). No endorsement shall be attached limiting the coverage.
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4.2.3 Additional Requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to
the policy:
a. The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Consultant; or automobiles owned, leased, hired, or
borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any
insurer or contractor may require from vendor by virtue of the
payment of any loss. Consultant agrees to obtain any
endorsements that may be necessary to effect this waiver of
subrogation.
d. For any claims related to this Agreement or the work
hereunder, the Consultant’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the
section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement
professional liability insurance for licensed professionals performing
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work pursuant to this Agreement in an amount not less than
$2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not
exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance
must be provided for at least 3 years after completion of the
Agreement or the work, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced
with another claims-made policy form with a retroactive date
that precedes the date of this Agreement, Consultant shall
purchase an extended period coverage for a minimum of 3
years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement
of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3,
Consultant shall submit the Certificate of Liability Insurance in the
amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Consultant by the
insurer, including complete copies of all endorsements attached to
the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City
does not receive the required insurance documents prior to the
Consultant beginning work, it shall not waive the Consultant’s
obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall
disclose to and obtain the written approval of City for the self-
insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its
officers, employees, and volunteers; or the Consultant shall provide
a financial guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim administration and
defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall
include a “wasting” policy limit (i.e. limit that is eroded by the cost of
defense).
4.4.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 days’ prior written notice
has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
certified endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements
to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to
other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
▪Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
▪Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work
and withhold any payment, until Consultant demonstrates compliance
with the requirements hereof; and/or
▪Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
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Consultant shall, to the extent permitted by law, including without limitation California
Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in
any actions at law or in equity, the City, its employees, agents, volunteers, and elective
and appointive boards, from all claims, losses, and damages, including property
damage, personal injury, death, and liability of every kind, nature and description,
arising out of, pertaining to or related to the negligence, recklessness or willful
misconduct of Consultant or any person directly or indirectly employed by, or acting as
agent for, Consultant, during and after completion of Consultant’s work under this
Agreement.
With respect to those claims arising from a professional error or omission, Consultant
shall defend, indemnify and hold harmless the City (including its elected officials,
officers, employees, and volunteers) from all claims, losses, and damages arising from
the professionally negligent acts, errors or omissions of Consultant, however, the cost to
defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault.
Consultant's obligation under this section does not extend to that portion of a claim
caused in whole or in part by the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, defend and hold harmless the City from all suits or
claims for infringement of any patent rights, copyrights, trade secrets, trade names,
trademarks, service marks, or any other proprietary rights of any person or persons
because of the City or any of its officers, employees, volunteers, or agents use of
articles, products things, or services supplied in the performance of Consultant’s
services under this Agreement, however, the cost to defend charged to Consultant shall
not exceed Consultant’s proportionate percentage fault.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless
City and its officers, elected officials, employees, agents and volunteers from and
against any and all liability, loss, damage, claims, expenses, and costs (including
without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”)
of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole negligence or willful misconduct of
City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract”
as defined by California Civil Code Section 2782, as may be amended from time to
time, such duties of Consultant to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of
the Consultant’s inability to evaluate Liability or because the Consultant evaluates
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Liability and determines that the Consultant is not liable to the claimant. The Consultant
must respond within 30 days to the tender of any claim for defense and indemnity by the
City. If the Consultant fails to accept or reject a tender of defense and indemnity within
30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered
necessary by the City, may be retained by the City until disposition has been made of
the claim or suit for damages, or until the Consultant accepts or rejects the tender of
defense, whichever occurs first.
Section 6. STATUS OF CONSULTANT.
6.1 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. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control Consultant only insofar
as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement. Consultant further acknowledges that Consultant performs
Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Consultant performs for the City and
has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, Consultant and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify
for or become entitled to, and hereby agree to waive any and all claims to,
any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and
entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an 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, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors
shall comply with all laws and regulations applicable to the performance of
the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or
trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall
constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Consultant
represents and warrants to City that Consultant and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals that are legally required to practice their respective
professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not
discriminate, on the basis of a person’s race, sex, gender, religion
(including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression,
political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided by
Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation
for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Consultant delivering
to City any or all documents, photographs, computer software, video and
audio tapes, and other materials provided to Consultant or prepared by or
for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any
such extension shall require a written amendment to this Agreement, as
provided for herein. Consultant understands and agrees that, if City
grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for
in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for
any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by
Consultant and is based upon a determination of Consultant’s unique
personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of
Consultant. Consultant may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and
Consultant shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City’s remedies shall include, but are
not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in
Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the
work described in Exhibit A that is unfinished at the time of breach
and the amount that City would have paid Consultant pursuant to
Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Consultant prepares or
obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to
deliver those documents to the City upon termination of the Agreement. It
is understood and agreed that the documents and other materials,
including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree
that, until final approval by City, all data, plans, specifications, reports and
other documents are confidential and will not be released to third parties
without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement
for a minimum of 3 years, or for any longer period required by law, from
the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Subsection 9.2 of this Agreement requires Consultant to maintain shall be
made available for inspection, audit, and/or copying at any time during
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regular business hours, upon oral or written request of the City. Under
California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall
be subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of the City, for a period of 3 years after final
payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought
for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in the state courts of California in the County of
Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the
provisions of this Agreement not so adjudged shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other
breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of
the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all
reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a “conflict of interest,” as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
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Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous 12 months, an employee, agent, appointee, or official of the City.
If Consultant was an employee, agent, appointee, or official of the City in
the previous 12 months, Consultant warrants that it did not participate in
any manner in the forming of this Agreement. Consultant understands
that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding
public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a
Form 700 to identify and document Consultant’s economic interests, as
defined and regulated by the California Fair Political Practices
Commission. If Consultant is required to file a Form 700, Consultant is
hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or through
any written materials.
10.9 Contract Administration. This Agreement shall be administered by the
City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
BSK Associates
Attn: Tim Rodriguez, Chief Operating Officer
399 Lindbergh Avenue
Livermore, CA 949551
Any written notice to City shall be sent to:
City of Dublin
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Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto
and incorporated herein as Exhibits A represents the entire and integrated
agreement between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable
Expenses
10.12 Counterparts and Electronic Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be an original and
all of which together shall constitute one agreement. Counterparts
delivered and/or signatures executed by City-approved electronic or digital
means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in
accordance with applicable federal and California law. Either Party may
revoke its agreement to use electronic signatures at any time by giving
notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this
contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature
below Consultant certifies that Consultant, and any parent entities,
subsidiaries, successors or subunits of Consultant are not identified on a
list created pursuant to subdivision (b) of Section 2203 of the California
Public Contract Code as a person engaging in investment activities in Iran
as described in subdivision (a) of Section 2202.5, or as a person
described in subdivision (b) of Section 2202.5 of the California Public
Contract Code, as applicable.
10.14 Provisions Required For Public Works Contracts Pursuant To
California Labor Code Section 1720 Et Seq.
A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of
labor in performance of the services described in Exhibit A shall
constitute a legal day’s work under this contract.
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ii. In accordance with California Labor Code Section 1811, the time of
service of any worker employed in performance of the services
described in Exhibit A is limited to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except in
accordance with California Labor Code Section 1815, which
provides that work in excess of 8 hours during any one calendar
day and 40 hours during any one calendar week is permitted upon
compensation for all hours worked in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week at
not less than one-and-one-half times the basic rate of pay.
iii. The Consultant and its subcontractors shall forfeit as a penalty to the
City $25 for each worker employed in the performance of the
services described in Exhibit A for each calendar day during which
the worker is required or permitted to work more than 8 hours in
any one calendar day, or more than 40 hours in any one calendar
week, in violation of the provisions of California Labor Code Section
1810 and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has
determined the general prevailing wages in the locality in which the
services described in Exhibit A are to be performed for each craft or
type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and
Research, a copy of which is on file in the City Public Works Office
and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services
described in Exhibit A shall pay no less than these rates to all
persons engaged in performance of the services described in
Exhibit A.
ii. In accordance with California Labor Code Section 1775, the
Consultant and any subcontractors engaged in performance of the
services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker
engaged in the performance of the services described in Exhibit A
that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be
determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the
Consultant or subcontractor in failing to pay the correct rate of
prevailing wages, or the previous record of the Consultant or
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subcontractor in meeting applicable prevailing wage obligations, or
the willful failure by the Consultant or subcontractor to pay the
correct rates of prevailing wages. A mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages is not
excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or
subcontractor shall pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the
prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the
general prevailing per diem wages by the subcontractor, the
Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant
fails to comply with all of the following requirements:
a. The contract executed between the Consultant and the
subcontractor for the performance of part of the services
described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775,
1776, 1777.5, 1813, and 1815.
b. The Consultant shall monitor payment of the specified
general prevailing rate of per diem wages by the
subcontractor by periodic review of the subcontractor’s
certified payroll records.
c. Upon becoming aware of a subcontractor’s failure to pay
the specified prevailing rate of wages, the Consultant
shall diligently take corrective action to halt or rectify the
failure, including, but not limited to, retaining sufficient
funds due the subcontractor for performance of the
services described in Exhibit A.
d. Prior to making final payment to the subcontractor, the
Consultant shall obtain an affidavit signed under penalty
of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem
wages for employees engaged in the performance of the
services described in Exhibit A and any amounts due
pursuant to California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the
Consultant and each subcontractor engaged in performance of the
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services described in Exhibit A shall keep accurate payroll records
showing the name, address, social security number, work, straight
time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or
other employee employed in performance of the services described
in Exhibit A. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating
both of the following:
a. The information contained in the payroll record is true
and correct.
b. The employer has complied with the requirements of
California Labor Code Sections 1771, 1811, and 1815 for
any work performed by the employer’s employees on the
public works project.
The payroll records required pursuant to California Labor Code
Section 1776 shall be certified and shall be submitted directly to the
Labor Commission, and available for inspection by the Owner and
its authorized representatives, the Division of Labor Standards
Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available
for inspection in accordance with California Labor Code Section
1776.
iv. In accordance with California Labor Code Section 1777.5, the
Consultant, on behalf of the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A,
shall be responsible for ensuring compliance with California Labor
Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
v. In case it becomes necessary for the Consultant or any
subcontractor engaged in performance of the services described in
Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant or
subcontractor shall pay the minimum rate of wages specified
therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The
minimum rate thus furnished shall be applicable as a minimum for
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such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such
employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons
whose signatures appear below certify that they are authorized to sign on behalf of the
respective Party.
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Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
BSK Associates for On-Call Geology & Geotechnical Engineering ServicesExhibit A –
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EXHIBIT A
SCOPE OF SERVICES
•Provide geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects
•Provide testing and field observations
•Attend meetings as required
•Knowledge of Caltrans Standard Plans and Specifications is required
•Provide geologic and/or geotechnical engineering technical peer reviews of
development projects to be reviewed and may include, but are not limited to:
o Preparation of geotechnical and geologic reports
o Slope stability calculations
o Grading plans and proposed remedial grading plans
o Site improvement plans, retaining wall plans and calculations, creek
stabilization plans
o Storm Water Pollution Prevention Plans (SWPPP)
•Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and/or geotechnical
engineering observations during remedial grading, field inspections, project
coordination and meetings with City Staff and developer’s consultants.
Geotechnical engineering services for a variety of Public Works projects, Capital
Improvement Program projects and/or maintenance projects including roads,
drainage, and other public facilities, and other tasks associated with Public
Works infrastructure design, construction, and/or operation as assigned and
directed by the City Engineer.
•Provide or sub-contract/sub-consult the following environmental
sampling/analysis services:
o Perform shallow soil sampling and analysis to pre-characterize the
materials for off-site disposal purposes and prepare a Summary Letter.
o Prepare a site specific Health & Safety Plan (HASP), as necessary.
•Examples of soil samples analyses are, but not limited to:
o Total petroleum hydrocarbons as gasoline (TPHg), TPH as diesel (TPHd),
and TPH as motor oil (TPHmo) by EPA Method 8015 using silica gel
clean-up where appropriate.
o Volatile Organic Compounds (VOCs) by EPA Method 8260B.
o Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270B.
o Organochlorine pesticides & PCBs by EPA Method 8081A/8082.
o Total CAM 17 metals by appropriate EPA Methods.
o Total hexavalent chromium.
o Total Asbestos by CARB 435.
Performance Measures
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1. Responsiveness and Timeliness:
a. Consultant must adhere to the highest ethical standards in all interactions
with clients, colleagues, and stakeholders.
b. Consultant shall acknowledge City communications within two (2)
business days and provide a substantive response within four (4) business
days.
i. If the assigned staff are unavailable, the Consultant shall provide
an alternate point of contact.
ii. Consultant must participate in project meetings and timely delivery
of Peer Review comments to keep development timelines on track.
c. Consultant must provide task order scope and fee proposals within 7
business days.
i. Field investigations or soil sampling must be scheduled and
initiated within 20 business days of authorization.
ii. Consultant shall complete assigned tasks in accordance with
schedules established in the project scope or task order.
d. Consultant shall notify the City as soon as reasonably practicable after
becoming aware of a schedule conflict or potential delay, and no later than
three (3) business days prior to the affected deadline whenever feasible.
i. The resolution shall be discussed during the next scheduled
coordination meeting or sooner if requested by the City.
e. Repeated failure to meet agreed deadlines without prior coordination may
affect future task assignments and may be considered in performance
evaluation.
2. Technical Quality & Peer Review
a. Deliverables (GHAD, SWPPP, and Grading reports) must reflect Caltrans
Standard Plans/Specs and require minimal substantive revision.
b. All environmental analysis (TPH, VOCs, Metals, Asbestos) must strictly
adhere to specified EPA/CARB Methods.
c. Recommendations must be site-specific, constructible, and proactively
identify geologic hazards to minimize construction-phase claims.
3. Schedule & Budget Reliability
a. Consultant shall maintain a 90% on-time submission rate for all technical
reviews and Summary Letters.
b. Consultant shall adhere to the agreed-upon budget for each project.
c. Consultant shall notify the City in writing before exceeding 75% of the
authorized task budget and provide justification and a proposed scope or
budget adjustment.
4. Safety & Professional Conduct
a. Consultant shall submit a project-specific Health & Safety Plan (HASP) for
approval prior to any field activity or remedial grading observation.
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b. Consultant shall ensure all testing and observations are documented
clearly and comply with ethical standards to avoid conflicts of interest
between the City and developers.
If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A,
the City will provide written comments outlining the deficient deliverables and will, in
good faith, meet and discuss with the Consultant regarding their performance to
understand the circumstances and collaboratively identify a resolution. If performance
issues persist, and the City can reasonably demonstrate that such issues are due to the
Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the
specific deliverables in question until they are satisfactorily completed and accepted, or
(ii) request that the Consultant re-perform the services at no additional cost. Repeated
and material failure to meet agreed-upon performance measures, after reasonable
opportunity to cure and upon substantiated fault of the Consultant, may constitute
grounds for termination for cause.
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
BSK Associates - Rate Schedule - July 1, 2026 to June 30, 2027
PROFESSIONAL STAFF
Principal $ 330.00 Seismic GIS $ 255.00
Senior Professional / Senior Associate $ 290.00 GIS Specialist $ 221.00
Project Professional II / Associate II $ 272.00 Information Specialist II $ 208.00
Project Professional I / Associate I $ 232.00 Information Specialist I $ 185.00
Staff Professional III $ 203.00 CAD $ 139.00
Staff Professional II $ 180.00 Litigation support 1.5x standard
rate
Staff Professional I $ 163.00 Deposition / Trial 2.0x standard
rate
Project Administrator / Project Controls Specialist $ 128.00
Administrative Assistant / Dispatcher $ 116.00
TECHNICAL STAFF - FIELD AND LABORATORY (NON-PREVAILING WAGE)
Non-Destructive Inspection/Testing $ 184.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Special Inspector $ 166.00 Field Work from 0 to 4 hours Bill 4 hours
Engineering Technician $ 151.00 Field Work from 4 to 8 hours Bill 8 hours
Technician $ 146.00 Field Work over 8 hours / Saturdays Bill time and a
half
Ground Penetrating Radar Scanning Technician $ 365.00 Sundays, holidays and over 12 hours Bill double
time
Core Drilling Technician $ 284.00 Night Shift (Shift commencing after 2pm / before
4am)
Base Rate x
12.5%
Floor Flatness Testing Technician $ 244.00 Show-up time (no work performed)Bill 2 hours
Sample Pickup / Transportation / Delivery $ 139.00 Sampling or cylinder pickup, minimum charge Bill 2 hours
Laboratory Technician $ 134.00
PREVAILING WAGE LABOR RATES
Group 1 - Special inspector $ 215.00 BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Group 2 - Special Inspector $ 210.00 Field Work from 0 to 4 hours Bill 4 hours
Group 3 - Engineering Technician $ 184.00 Field Work from 4 to 8 hours Bill 8 hours
Group 3 - Geotechnical Professional $ 226.00 Field Work over 8 hours / Saturdays Bill time and a
half
Group 3 - Environmental Professional $ 226.00 Sundays, holidays and over 12 hours Bill double
time
Group 4 - Technician $ 163.00 Night Shift (Shift commencing after 2pm / before
4am)
Base Rate x
12.5%
Show-up time (no work performed)Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours
REIMBURSABLES
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Mileage (Portal to Portal)Included Certified Payroll / DIR Upload (Monthly)$ 315.00
Bridge Toll Not Applicable Non-Performance Certified Payroll / DIR Upload
(Monthly)
$ 105.00
Parking Fees Not Applicable Subcontractor Mngmnt / Compliance Forms
(Monthly)
$ 105.00
Per Diem (as required)Not Applicable Add. LCP Tracker or Other Compliance Software (Monthly)$ 210.00
Subconsultant/Subcontractor Services, Vendors, and
Expenses Cost + 10%Additional Special Forms, as required (Monthly)$ 158.00
ANALYSIS SOFTWARE USAGE FEES
gINT (software)$ 75.00 Slide (software)$ 147.00
LPile (software)$ 75.00 Settle3D (software)$ 147.00
APile (software)$ 75.00 Cpet-IT (software)$ 75.00
SHAFT (software)$ 75.00 LiqSVs (software)$ 75.00
GROUP (software)$ 147.00 ArcGIS (software)$ 75.00
Cliq (software)$ 75.00 Surfer (software)$ 75.00
LiquefyPro (software)$ 75.00 Seep/W (software)$ 147.00
LiqIT (software)$ 75.00
EQUIPMENT
Nuclear Gauge (Day)$ 82.00 Air Meter (Concrete)$ 82.00
Skidmore Wilhelm Calibrator (Day)$ 82.00 Hand Auger (Day - Geotechnical)$ 315.00
NDT Weld Testing Equipment - UT/MT/PT (Day)$ 82.00 Hand-held GPS (Day)$ 112.00
Proof Load Testing Equipment (Day)$ 82.00 Slope Inclinometer Probe (Each)$ 579.00
Torque Wrench (Day)$ 82.00 Double Ring Infiltrometer (Day)$ 630.00
GPR Scanning Equipment (Day)$ 376.00 Drilling Kit - Paint/Stakes/Lath (Each)$ 40.00
Rebar Locator/Pachometer (Day)$ 148.00 Drilling Supplies (Tubes / Caps)$ 473.00
Coring Equipment (Day)$ 278.00 Manometer (Day)$ 286.00
Relative Humidity Meter (Day)$ 82.00 Water Meter (Day)$ 75.00
Moisture Emission Test Kit (Each)$ 56.00
SOILS & AGGREGATES
Modified or Standard Proctor - 4" or 6" Mold (ASTM /
AASHTO)
$ 371.00 % Crushed Particles / Fractured Particles (CT
205/AASHTO T335)
$ 240.00
Proctor with Oversize Material (ASTM / AASHTO)$ 463.00 % Flat & Elongated (ASTM D4791)$ 184.00
Proctor Check Point (All Methods) $ 126.00 Minus 200 Wash/Aggregate (ASTM C117)$ 122.00
Caltrans Maximum Wet Density (CT 216)$ 313.00 Sieve Analysis w/ Wash (ASTM C136 / CT 202 / AASHTO
T27)
$ 249.00
Minus 200 Wash Soil (ASTM D1140) $ 122.00 Sieve Analysis - Coarse Only (ASTM C136 / CT 202 /
AASHTO T27)
$ 122.00
Moisture Content of Soils (ASTM D2216)$ 51.00 Coarse Specific Gravity / Absorption (ASTM C127/CT
206/AASHTO T85)
$ 232.00
Plasticity Index (ASTM D4318)$ 320.00 Fine Specific Gravity / Absorption (ASTM C128/CT
207/AASHTO T84)
$ 232.00
Expansion Index of Soils (ASTM D4829)$ 343.00 Sand Equivalent (ASTM D2419 / CT 217 /
AASHTO T176)
$ 184.00
Durability Index (ASTM D3744 / CT 229 / AASHTO
T210)
$ 298.00 Durability Index (ASTM D3744 / CT 229 / AASHTO
T210)
$ 365.00
Organic Impurities (ASTM C40 / CT 213)$ 122.00 Abrasion by LA Rattler, Large Size (ASTM C535)$ 417.00
Tube Density & Moisture Content of Soil (ASTM D2216,
D2937)
$ 63.00 Abrasion by LA Rattler, Small Size (ASTM C131/CT
211/AASHTO T96)
$ 343.00
Visual Classification (ASTM D2488)$ 63.00 Cleanness Value of Aggregate (CT 227)$ 263.00
Hydrometer (ASTM D422 / CT 203)$ 348.00 Aggregate Wt pcf Compacted (ASTM C 29)$ 129.00
Double Hydrometer (ASTM D4221)$ 457.00 Gradation-Rip Rap - Per Sieve (D5519-Method A)$ 329.00
Fina Agg. Angularity / Uncompacted Voids (CT 234 /
AASHTO T304)
$ 162.00 Sodium Sulfate Soundness-Min. Charge (ASTM C88/CT
214/AASHTO T104)
$ 509.00
Sand Density Calibration (ASTM D1566) $ 255.00 Sodium Sulfate Soundness-Per Sieve (ASTM C88/CT
214/AASHTO T104)
$ 162.00
Minimum Resistivity of Soils (CT 643)$ 205.00 R-Value of Soils (CT 301)$ 522.00
Consolidation (ASTM D2435) w/ 2 Time Rates $ 610.00 Soil Cement Compression - Set of 3 (ASTM
D1633)
$ 348.00
Consolidation (ASTM D2435) w/ No Time Rates $ 405.00 CIR / FDR Compressive Strength Testing - Set $ 348.00
Unconfined Compressive Strength, Soil (ASTM
D2166)
$ 162.00 CIR / FDR Sample Preparation / Compaction - Set $ 318.00
Remolded Consolidation (ASTM D2435)$ 516.00 CBR (ASTM D1883/AASHTO T-180)$ 1,448.00
Minimum Index Density Soils (ASTM D4254)$ 101.00 Preparation/Compacting of Soil Stabilization Samples
(Lime/Cement) Set of 3 $ 546.00
Direct Shear Remolded (ASTM D3080)$ 382.00 Soluble Sulfate Chloride & Sulfide $ 190.00
Direct Shear (ASTM D3080)$ 320.00 pH Sulfate & Chloride $ 96.00
Remolded Direct Shear (ASTM D3080)$ 382.00 % Lumps/Friable Particles (ASTM C142)$ 118.00
Remolded Flexwall Perm (ASTM D5084)$ 815.00 % Organics in Soil (ASTM D2974)$ 200.00
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
BSK Associates for On-Call Geology & Geotechnical Engineering ServicesExhibit A –
Page 5 of 5
HOT MIX ASPHALT
JMF Mix Design, Superpave / Caltrans $ 13,052.00 Bitumen Content - Ignition (ASTM D6307 / CT 382 /
AASHTO T308)
$ 327.00
JMF Verification - HMA - Superpave / Caltrans /
BMD
$ 7,563.00 Oil Content Correction Factor (ASTM D6307 / CT 382 /
AASHTO T308)
$ 759.00
JMF Production Startup - Superpave / Caltrans /
BMD
$ 7,036.00 Gradation from Extraction (ASTM D5444 /
AASHTO T30)
$ 315.00
RAP Material Testing - Additional Fee $ 916.00 Bulk Specific Gravity - Each (CT308 / AASHTO T275 /
ASTM D2726)
$ 92.00
Rubberized RHMA Material - Additional Fee $ 2,112.00 Max Specific Gravity - Rice Method (ASTM D2041 / CT 309 /
AASHTO T209)
$ 365.00
JMF Mix Design, HVEEM $ 4,515.00 Volumetric Calculations (VMA, VFA, DP, AV, Eff.
Calcs)
$ 78.00
JMF Mix Design, Marshall $ 5,356.00 Moisture Content of Asphalt (CT 370 / AASHTO
T329)
$ 96.00
Open Graded Asphalt Optimum Bitumen Content
(CT 368)
$ 3,224.00 Film Stripping $ 129.00
Gyratory Compaction - Set of 3 (AASHTO T312) $ 487.00 Compaction/Preparation of HMA Briquette (CT
304)
$ 320.00
Hamburg Wheel Track (AASHTO T324 / CT 389)$ 2,894.00 Stabilometer Value - Set of 3 (CT 366)$ 405.00
Tensile Strength Ratio (CT 371 / AASHTO T283) $ 1,597.00 Lab Mixed TSR - Moisture Induced Damage (AASHTO
T283 / CT 371)
$ 2,142.00
Marshall Maximum Density - Set of 3 (ASTM
D6926)
$ 425.00 Calculated AC Maximum Density (CT 367)$ 145.00
Marshall Stability & Flow - Set of 3 (ASTM D6927)$ 365.00 Thickness Determination of AC Cores $ 30.00
Draindown Characteristics of HMA (ASTM D6390 /
AASHTO T305)
$ 368.00 Indirect Tensile Strength of Compacted HMA
(ASTM D6931)
$ 368.00
Cracking Index Test (Ideal-CT) (ASTM D8225)$ 473.00 Ideal Rut Test (Ideal-RT / Ideal-HT) (ASTM D8360)$ 473.00
Aggregate Correction Factor (ASTM D6307 / CT 382 /
AASHTO T308
$ 683.00
CONCRETE & MASONRY
Compression Test Concrete - Per Cylinder (ASTM
C39)
$ 41.00 Flexural Test per Beam (ASTM C78 / CT 523)$ 130.00
Compression Test Concrete - Set of 4/5 (ASTM
C39)
$ 198.00 Linear Shrinkage - Set of 3 (ASTM C157)$ 579.00
Compression Test of Core (ASTM C42)$ 88.00 Unit Weight Lt Wt Concrete $ 82.00
Compressive Strength of Shotcrete Panel $ 463.00 Splitting Tensile Strength of Concrete (ASTM
C496)
$ 174.00
Compression Test Composite CMU Prism (1)$ 240.00 Compressive Strength CMU Block (ASTM C140)$ 278.00
Compression Test Grout (Set of 4)$ 175.00 Comp. Strength, SG, & Abs. of CMU - Per Block
(ASTM C140)
$ 320.00
Compression Test Mortar (Set of 3)$ 160.00 Masonry Linear Shrinkage (ASTM C426)$ 587.00
Compression Test Cellular Concrete / CLSM (Set
of 5)
$ 242.00 Masonry Core Shear Test (Title 24)$ 273.00
METALS & FIREPROOFING
Tensile & Bend of Rebar #3-11 $ 215.00 Brinell Hardness of Steel (ASTM E10)$ 145.00
Slip and Tensile Rebar Couplers (CT 670)$ 313.00 Rockwell Hardness of Steel (ASTM E18)$ 145.00
Bolt Proof & Ultimate Load - Each $ 131.00 Face Bend of Steel Coupon $ 88.00
Bolt Hardness - Set of 3 $ 248.00 Root Bend of Weld Coupon $ 88.00
Nut Proof Load - Set of 3 $ 248.00 Side Bend of Weld Coupon $ 88.00
Nut Hardness - Set of 3 $ 248.00 Tensile Test of Steel Coupon $ 122.00
Washer Hardness - Set of 3 $ 248.00 Bend Test of Steel Coupon $ 105.00
Dry Density Fireproofing (ASTM E605)$ 138.00 Adhesion / Cohesion Fireproofing Materials $ 184.00
Standard Rate Applies to Normal Testing Schedule. Rush Order Turnaround Time Charged at 1.5 x Standard Unit Rates.
All CPI increases shall be calculated by Contractor and requested for adjustment each
May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on
the San Francisco Bay Area Consumer Price Index CPI for that period of time and this
shall be submitted to the Public Works Management Analyst, or their designee, for
approval prior to taking effect. Remit invoices to: PWInvoices@dublin.ca.gov
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 1 of 21
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
ENGEO
FOR
ON-CALL GEOLOGY & GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of
Dublin (“City”) and ENGEO (“Consultant”) (together sometimes referred to as the
“Parties”) as of July 1, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of
Work attached as Exhibit A at the time and place and in the manner specified therein.
In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on June 30, 2029, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the services required by
this Agreement shall not affect the City’s right to terminate the Agreement,
as referenced in Section 8. Notwithstanding the foregoing this Agreement
may be extended on a month to month basis for up to 6 months upon the
written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price
charged by the Consultant for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall affect the City’s
right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which
Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. In the event
that City, in its sole discretion, at any time during the term of this
Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
standard of performance provided in Subsection 1.2 above and to satisfy
Consultant’s obligations hereunder.
Exhibit B to the Resolution
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 2 of 21
1.5 Public Works Requirements. Because the services described in Exhibit
A include “work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying
work,” the services constitute a public works within the definition of
Section 1720(a)(1) of the California Labor Code. As a result, Consultant is
required to comply with the provisions of the California Labor Code
applicable to public works.
1.6 Public Works Contractor Registration. Consultant agrees, in
accordance with Section 1771.1 of the California Labor Code, that
Consultant or any subconsultant shall not be qualified to bid on, be listed
in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public
work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor
Code, unless currently registered and qualified to perform public work
pursuant to California Labor Code section 1725.5. It is not a violation of
this section for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5
at the time the contract is awarded. No contractor or subcontractor may
be awarded a contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant to
California Labor Code section 1725.5. Consultant agrees, in accordance
with Section 1771.4 of the California Labor Code, that if the work under
this Agreement qualifies as public work, it is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,000,000, notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict regarding the amount of compensation
between this Agreement and Consultant’s proposal, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of employees
and subcontractors of Consultant. Consequently, the Parties further agree that
compensation hereunder is intended to include the costs of contributions to any
pensions and/or annuities to which Consultant and its employees, agents, and
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 3 of 21
subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Agreement shall bill more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount
of prior billings, the total due this period, the balance available under
the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual
performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or
quarter hour
o If this Agreement covers multiple projects, all hours must
also be logged by project assignment
o A brief description of the work, and each reimbursable
expense
The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number
of hours worked by Consultant and any individual employee, agent, or
subcontractor of Consultant reaches or exceeds 800 hours within a 12-
month period under this Agreement and any other agreement between
Consultant and City. Such notice shall include an estimate of the time
necessary to complete work described in Exhibit A and the estimate of
time necessary to complete work under any other agreement between
Consultant and City, if applicable.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 4 of 21
2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized
reimbursable costs incurred. City shall have 30 days from the receipt of
an invoice that complies with all of the requirements above to pay
Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant
to this Agreement within 60 days after completion of the services and
submittal to City of a final invoice, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any additional
sum for any expense or cost whatsoever incurred by Consultant in
rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or
for the entire Agreement, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or
amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the compensation schedule
attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in
Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall
compensate the Consultant for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of
written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 5 of 21
this Agreement until receipt of authorization from the Contract
Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant
shall, at its sole cost and expense, provide all facilities and equipment that may be
necessary to perform the services required by this Agreement. City shall make
available to Consultant only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space,
as may be reasonably necessary for Consultant’s use while consulting with City
employees and reviewing records and the information in possession of the City. The
location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring
any direct expense, including but not limited to computer, long-distance telephone or
other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to
persons or damages to property that may arise from or in connection with the
performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant
shall provide proof satisfactory to City of such insurance that meets the requirements of
this section and under forms of insurance satisfactory in all respects, and that such
insurance is in effect prior to beginning work. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of
such insurance shall be included in the Consultant's bid or proposal. Consultant shall
not allow any subcontractor to commence work on any subcontract until Consultant has
obtained all insurance required herein for the subcontractor(s) and provided evidence to
City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE
SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Consultant shall maintain all required insurance listed herein for the
duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and
expense, maintain Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance for any and all persons employed
directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall
be provided with limits of not less than $1,000,000 per accident. In
the alternative, Consultant may rely on a self-insurance program to
meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 6 of 21
Determination of whether a self-insurance program meets the
standards of the California Labor Code shall be solely in the
discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver
of subrogation in favor of the entity for all work performed by the
Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section; and
b. Waiver of Subrogation Endorsement as required by the
section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense,
shall maintain commercial general liability insurance for the term of
this Agreement in an amount not less than $1,000,000 and
automobile liability insurance for the term of this Agreement in an
amount not less than $1,000,000 per occurrence, combined single
limit coverage for risks associated with the work contemplated by
this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this
Agreement, including without limitation, blanket contractual liability
and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial
General Liability occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any
auto). No endorsement shall be attached limiting the coverage.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 7 of 21
4.2.3 Additional Requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to
the policy:
a. The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Consultant; or automobiles owned, leased, hired, or
borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any
insurer or contractor may require from vendor by virtue of the
payment of any loss. Consultant agrees to obtain any
endorsements that may be necessary to effect this waiver of
subrogation.
d. For any claims related to this Agreement or the work
hereunder, the Consultant’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the
section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement
professional liability insurance for licensed professionals performing
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering Services Page 8 of 21
work pursuant to this Agreement in an amount not less than
$2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not
exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance
must be provided for at least 3 years after completion of the
Agreement or the work, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced
with another claims-made policy form with a retroactive date
that precedes the date of this Agreement, Consultant shall
purchase an extended period coverage for a minimum of 3
years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement
of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3,
Consultant shall submit the Certificate of Liability Insurance in the
amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Consultant by the
insurer, including complete copies of all endorsements attached to
the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City
does not receive the required insurance documents prior to the
Consultant beginning work, it shall not waive the Consultant’s
obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall
disclose to and obtain the written approval of City for the self-
insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its
officers, employees, and volunteers; or the Consultant shall provide
a financial guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim administration and
defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall
include a “wasting” policy limit (i.e. limit that is eroded by the cost of
defense).
4.4.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 days’ prior written notice
has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
certified endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements
to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to
other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work
and withhold any payment, until Consultant demonstrates compliance
with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
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Consultant shall, to the extent permitted by law, including without limitation California
Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in
any actions at law or in equity, the City, its employees, agents, volunteers, and elective
and appointive boards, from all claims, losses, and damages, including property
damage, personal injury, death, and liability of every kind, nature and description,
arising out of, pertaining to or related to the negligence, recklessness or willful
misconduct of Consultant or any person directly or indirectly employed by, or acting as
agent for, Consultant, during and after completion of Consultant’s work under this
Agreement.
With respect to those claims arising from a professional error or omission, Consultant
shall defend, indemnify and hold harmless the City (including its elected officials,
officers, employees, and volunteers) from all claims, losses, and damages arising from
the professionally negligent acts, errors or omissions of Consultant, however, the cost to
defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault.
Consultant's obligation under this section does not extend to that portion of a claim
caused in whole or in part by the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, defend and hold harmless the City from all suits or
claims for infringement of any patent rights, copyrights, trade secrets, trade names,
trademarks, service marks, or any other proprietary rights of any person or persons
because of the City or any of its officers, employees, volunteers, or agents use of
articles, products things, or services supplied in the performance of Consultant’s
services under this Agreement, however, the cost to defend charged to Consultant shall
not exceed Consultant’s proportionate percentage fault.
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless
City and its officers, elected officials, employees, agents and volunteers from and
against any and all liability, loss, damage, claims, expenses, and costs (including
without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”)
of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole negligence or willful misconduct of
City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract”
as defined by California Civil Code Section 2782, as may be amended from time to
time, such duties of Consultant to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of
the Consultant’s inability to evaluate Liability or because the Consultant evaluates
Liability and determines that the Consultant is not liable to the claimant. The Consultant
must respond within 30 days to the tender of any claim for defense and indemnity by
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the City. If the Consultant fails to accept or reject a tender of defense and indemnity
within 30 days, in addition to any other remedy authorized by law, so much of the
money due the Consultant under and by virtue of this Agreement as shall reasonably be
considered necessary by the City, may be retained by the City until disposition has been
made of the claim or suit for damages, or until the Consultant accepts or rejects the
tender of defense, whichever occurs first.
Section 6. STATUS OF CONSULTANT.
6.1 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. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control Consultant only insofar
as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement. Consultant further acknowledges that Consultant performs
Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Consultant performs for the City and
has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, Consultant and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify
for or become entitled to, and hereby agree to waive any and all claims to,
any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and
entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an 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, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractors
shall comply with all laws and regulations applicable to the performance of
the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or
trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall
constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Consultant
represents and warrants to City that Consultant and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals that are legally required to practice their respective
professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not
discriminate, on the basis of a person’s race, sex, gender, religion
(including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression,
political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided by
Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
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Consultant may cancel this Agreement upon 30 days’ written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation
for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Consultant delivering
to City any or all documents, photographs, computer software, video and
audio tapes, and other materials provided to Consultant or prepared by or
for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any
such extension shall require a written amendment to this Agreement, as
provided for herein. Consultant understands and agrees that, if City
grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for
in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for
any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by
Consultant and is based upon a determination of Consultant’s unique
personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of
Consultant. Consultant may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and
Consultant shall survive the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City’s remedies shall include, but are
not limited to, the following:
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8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in
Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the
work described in Exhibit A that is unfinished at the time of breach
and the amount that City would have paid Consultant pursuant to
Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Consultant prepares or
obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to
deliver those documents to the City upon termination of the Agreement. It
is understood and agreed that the documents and other materials,
including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree
that, until final approval by City, all data, plans, specifications, reports and
other documents are confidential and will not be released to third parties
without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement
for a minimum of 3 years, or for any longer period required by law, from
the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Subsection 9.2 of this Agreement requires Consultant to maintain shall be
made available for inspection, audit, and/or copying at any time during
regular business hours, upon oral or written request of the City. Under
California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall
be subject to the examination and audit of the State Auditor, at the request
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of City or as part of any audit of the City, for a period of 3 years after final
payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought
for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in the state courts of California in the County of
Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the
provisions of this Agreement not so adjudged shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other
breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of
the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all
reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a “conflict of interest,” as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Section 1090 et seq.
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Consultant hereby warrants that it is not now, nor has it been in the
previous 12 months, an employee, agent, appointee, or official of the City.
If Consultant was an employee, agent, appointee, or official of the City in
the previous 12 months, Consultant warrants that it did not participate in
any manner in the forming of this Agreement. Consultant understands
that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding
public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a
Form 700 to identify and document Consultant’s economic interests, as
defined and regulated by the California Fair Political Practices
Commission. If Consultant is required to file a Form 700, Consultant is
hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or through
any written materials.
10.9 Contract Administration. This Agreement shall be administered by the
City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
ENGEO
Attn: Robert H. Boeche, PG, CEG, QSD
2633 Camino Ramon, Suite 250
San Ramon, CA 94583
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto
and incorporated herein as Exhibits A represents the entire and integrated
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agreement between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable
Expenses
10.12 Counterparts and Electronic Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be an original and
all of which together shall constitute one agreement. Counterparts
delivered and/or signatures executed by City-approved electronic or digital
means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in
accordance with applicable federal and California law. Either Party may
revoke its agreement to use electronic signatures at any time by giving
notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this
contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature
below Consultant certifies that Consultant, and any parent entities,
subsidiaries, successors or subunits of Consultant are not identified on a
list created pursuant to subdivision (b) of Section 2203 of the California
Public Contract Code as a person engaging in investment activities in Iran
as described in subdivision (a) of Section 2202.5, or as a person
described in subdivision (b) of Section 2202.5 of the California Public
Contract Code, as applicable.
10.14 Provisions Required For Public Works Contracts Pursuant To
California Labor Code Section 1720 Et Seq.
A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of
labor in performance of the services described in Exhibit A shall
constitute a legal day’s work under this contract.
ii. In accordance with California Labor Code Section 1811, the time of
service of any worker employed in performance of the services
described in Exhibit A is limited to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except in
accordance with California Labor Code Section 1815, which
provides that work in excess of 8 hours during any one calendar
day and 40 hours during any one calendar week is permitted upon
compensation for all hours worked in excess of 8 hours during any
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one calendar day and 40 hours during any one calendar week at
not less than one-and-one-half times the basic rate of pay.
iii. The Consultant and its subcontractors shall forfeit as a penalty to the
City $25 for each worker employed in the performance of the
services described in Exhibit A for each calendar day during which
the worker is required or permitted to work more than 8 hours in
any one calendar day, or more than 40 hours in any one calendar
week, in violation of the provisions of California Labor Code Section
1810 and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has
determined the general prevailing wages in the locality in which the
services described in Exhibit A are to be performed for each craft or
type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and
Research, a copy of which is on file in the City Public Works Office
and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services
described in Exhibit A shall pay no less than these rates to all
persons engaged in performance of the services described in
Exhibit A.
ii. In accordance with California Labor Code Section 1775, the
Consultant and any subcontractors engaged in performance of the
services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker
engaged in the performance of the services described in Exhibit A
that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be
determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the
Consultant or subcontractor in failing to pay the correct rate of
prevailing wages, or the previous record of the Consultant or
subcontractor in meeting applicable prevailing wage obligations, or
the willful failure by the Consultant or subcontractor to pay the
correct rates of prevailing wages. A mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages is not
excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or
subcontractor shall pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the
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prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the
general prevailing per diem wages by the subcontractor, the
Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant
fails to comply with all of the following requirements:
a. The contract executed between the Consultant and the
subcontractor for the performance of part of the services
described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775,
1776, 1777.5, 1813, and 1815.
b. The Consultant shall monitor payment of the specified
general prevailing rate of per diem wages by the
subcontractor by periodic review of the subcontractor’s
certified payroll records.
c. Upon becoming aware of a subcontractor’s failure to pay
the specified prevailing rate of wages, the Consultant
shall diligently take corrective action to halt or rectify the
failure, including, but not limited to, retaining sufficient
funds due the subcontractor for performance of the
services described in Exhibit A.
d. Prior to making final payment to the subcontractor, the
Consultant shall obtain an affidavit signed under penalty
of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem
wages for employees engaged in the performance of the
services described in Exhibit A and any amounts due
pursuant to California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the
Consultant and each subcontractor engaged in performance of the
services described in Exhibit A shall keep accurate payroll records
showing the name, address, social security number, work, straight
time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or
other employee employed in performance of the services described
in Exhibit A. Each payroll record shall contain or be verified by a
written declaration that it is made under penalty of perjury, stating
both of the following:
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a. The information contained in the payroll record is true
and correct.
b. The employer has complied with the requirements of
California Labor Code Sections 1771, 1811, and 1815 for
any work performed by the employer’s employees on the
public works project.
The payroll records required pursuant to California Labor Code
Section 1776 shall be certified and shall be submitted directly to the
Labor Commission, and available for inspection by the Owner and
its authorized representatives, the Division of Labor Standards
Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available
for inspection in accordance with California Labor Code Section
1776.
iv. In accordance with California Labor Code Section 1777.5, the
Consultant, on behalf of the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A,
shall be responsible for ensuring compliance with California Labor
Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
v. In case it becomes necessary for the Consultant or any
subcontractor engaged in performance of the services described in
Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant or
subcontractor shall pay the minimum rate of wages specified
therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The
minimum rate thus furnished shall be applicable as a minimum for
such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such
employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons
whose signatures appear below certify that they are authorized to sign on behalf of the
respective Party.
CITY OF DUBLIN ENGEO
Colleen Tribby, City Manager Uri Eliahu, GE, President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Provide geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects
Provide testing and field observations
Attend meetings as required
Knowledge of Caltrans Standard Plans and Specifications is required
Provide geologic and/or geotechnical engineering technical peer reviews of
development projects to be reviewed and may include, but are not limited to:
o Preparation of geotechnical and geologic reports
o Slope stability calculations
o Grading plans and proposed remedial grading plans
o Site improvement plans, retaining wall plans and calculations, creek
stabilization plans
o Storm Water Pollution Prevention Plans (SWPPP)
Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and/or geotechnical
engineering observations during remedial grading, field inspections, project
coordination and meetings with City Staff and developer’s consultants.
Geotechnical engineering services for a variety of Public Works projects, Capital
Improvement Program projects and/or maintenance projects including roads,
drainage, and other public facilities, and other tasks associated with Public
Works infrastructure design, construction, and/or operation as assigned and
directed by the City Engineer.
Provide or sub-contract/sub-consult the following environmental
sampling/analysis services:
o Perform shallow soil sampling and analysis to pre-characterize the
materials for off-site disposal purposes and prepare a Summary Letter.
o Prepare a site specific Health & Safety Plan (HASP), as necessary.
Examples of soil samples analyses are, but not limited to:
o Total petroleum hydrocarbons as gasoline (TPHg), TPH as diesel (TPHd),
and TPH as motor oil (TPHmo) by EPA Method 8015 using silica gel
clean-up where appropriate.
o Volatile Organic Compounds (VOCs) by EPA Method 8260B.
o Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270B.
o Organochlorine pesticides & PCBs by EPA Method 8081A/8082.
o Total CAM 17 metals by appropriate EPA Methods.
o Total hexavalent chromium.
o Total Asbestos by CARB 435.
Performance Measures
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1. Responsiveness and Timeliness:
a. Consultant must adhere to the highest ethical standards in all interactions
with clients, colleagues, and stakeholders.
b. Consultant shall acknowledge City communications within two (2)
business days and provide a substantive response within four (4) business
days.
i. If the assigned staff are unavailable, the Consultant shall provide
an alternate point of contact.
ii. Consultant must participate in project meetings and timely delivery
of Peer Review comments to keep development timelines on track.
c. Consultant must provide task order scope and fee proposals within 7
business days.
i. Field investigations or soil sampling must be scheduled and
initiated within 20 business days of authorization.
ii. Consultant shall complete assigned tasks in accordance with
schedules established in the project scope or task order.
d. Consultant shall notify the City as soon as reasonably practicable after
becoming aware of a schedule conflict or potential delay, and no later than
three (3) business days prior to the affected deadline whenever feasible.
i. The resolution shall be discussed during the next scheduled
coordination meeting or sooner if requested by the City.
e. Repeated failure to meet agreed deadlines without prior coordination may
affect future task assignments and may be considered in performance
evaluation.
2. Technical Quality & Peer Review
a. Deliverables (GHAD, SWPPP, and Grading reports) must reflect Caltrans
Standard Plans/Specs and require minimal substantive revision.
b. All environmental analysis (TPH, VOCs, Metals, Asbestos) must strictly
adhere to specified EPA/CARB Methods.
c. Recommendations must be site-specific, constructible, and proactively
identify geologic hazards to minimize construction-phase claims.
3. Schedule & Budget Reliability
a. Consultant shall maintain a 90% on-time submission rate for all technical
reviews and Summary Letters.
b. Consultant shall adhere to the agreed-upon budget for each project.
c. Consultant shall notify the City in writing before exceeding 75% of the
authorized task budget and provide justification and a proposed scope or
budget adjustment.
4. Safety & Professional Conduct
a. Consultant shall submit a project-specific Health & Safety Plan (HASP) for
approval prior to any field activity or remedial grading observation.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 3
of 6
b. Consultant shall ensure all testing and observations are documented
clearly and comply with ethical standards to avoid conflicts of interest
between the City and developers.
If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A,
the City will provide written comments outlining the deficient deliverables and will, in
good faith, meet and discuss with the Consultant regarding their performance to
understand the circumstances and collaboratively identify a resolution. If performance
issues persist, and the City can reasonably demonstrate that such issues are due to the
Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the
specific deliverables in question until they are satisfactorily completed and accepted, or
(ii) request that the Consultant re-perform the services at no additional cost. Repeated
and material failure to meet agreed-upon performance measures, after reasonable
opportunity to cure and upon substantiated fault of the Consultant, may constitute
grounds for termination for cause.
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
FY26-27 FEE SCHEDULE
President $500.00 per hour
Principal $440.00 per hour
Associate $360.00 per hour
Subject Matter Expert $475.00 per hour
Senior $305.00 per hour
Project $270.00 per hour
Staff $245.00 per hour
Assistant $190.00 per hour
Construction Services Manager II $245.00 per hour*
Construction Services Manager I $235.00 per hour*
Senior Field Representative II $205.00 per
hour*/**
Senior Field Representative I $185.00 per
hour*/**
Field Representative $170.00 per
hour*/**
Senior Laboratory Technician $205.00 per hour
Laboratory Technician $185.00 per hour
Senior GIS Developer $220.00 per hour
GIS Developer $210.00 per hour
Senior GIS Analyst $215.00 per hour
GIS Analyst $200.00 per hour
Senior CAD Specialist $200.00 per hour
CAD Specialist $190.00 per hour
Network Administrator $270.00 per hour
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 4
of 6
Project Assistant $160.00 per hour
* Two-hour minimum portal to portal and cancellations within 24 hours.
* OVERTIME RATES: Rates will be increased by a factor of 1.5 for all hours worked in
excess of eight (8) Monday through Friday, and the first eight (8) hours worked on
Saturday. Rates will be increased by a factor of 2.0 for all hours worked in excess of
twelve (12) Monday through Friday, all hours worked in excess of eight (8) on Saturday,
and all hours worked on Sundays and holidays.
** For Prevailing Wage projects, the hourly rate will be increased by $23.
** Rates will be increased by factor of 1.25 for night-shift hours (hours commencing after
4:00 p.m. or before 4:00 a.m.); rates will be increased by a factor of 1.875 (an
additional factor of 1.5) for all night-shift hours in excess of eight (8); rates will be
increased by a factor 2.5 for all night-shift hours worked in excess of twelve (12).
Scheduled night-shift work, which is cancelled with less than 24 hours’ notice, will be
billed at night-shift rates. Night-shift work of less than 4-hour scheduled duration will be
billed a minimum of 4 hours at night shift rates.
ADDITIONAL SERVICES OFFERED
In addition to the core services of geotechnical, hydrologic and environmental
engineering, including construction-phase testing and observation, ENGEO provides
clients with services for establishment and management of Geologic Hazard Abatement
Districts (GHAD) and for Entitlement and Permitting Support (EPS). For more
information about these services and associated pricing, please contact ENGEO at
(925) 866-9000.
OTHER FEES
Equipment and materials will be charged in addition to the above hourly
rates.
Outside Consultants, Subcontracted Services and
Equipment Rental Cost plus 25%
Expert Witness, Deposition, Mediation, Arbitration, or
Court Appearance (Minimum Charge)
$2,800.00 half
day, $4,800.00
full day
TERMS
Invoices will be submitted at completion of work or at approximately four week intervals
and are due and payable upon receipt. Statements will be issued at monthly intervals.
Charges not paid within 30 days of invoice date will accrue a late charge at a rate of 1.5
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 5
of 6
percent per month. In the event it becomes necessary to commence suit to collect
amount due, Client agrees to pay attorney's fees and costs, as the court may deem
reasonable until amount is paid. Fees will be applicable for one year from the effective
date above; thereafter, fees will be adjusted annually. Our fees will be billed using an
invoice format produced by a standardized accounting software package. A more
customized itemization of charges and backup data will be provided upon Client’s
requests, but at additional fees. Final reports may be withheld until outstanding invoices
are paid in full.
EQUIPMENT AND MATERIALS CHARGES
DESCRIPTION COST PER UNIT
Air Content Meter $7.00/hour
Bailers (Disposable) $10.00 each
Coatings Thickness Kit (eg. Fireproofing,
Protective Paint)$30.00/hour
Concrete Crack Monitor $20.00 each
Coring Machine $30.00/hour
Double-Ring Infiltrometer $50.00/hour
Electronic Water Level Indicator $5.00/hour
Engineering Analysis Software $53.00/hour
Equipment Transport(er) $100.00/hour
Exploration Equipment (Electric Auger) $50.00/hour
Floor Flatness/Floor Level Equipment $40.00/hour
Generator $15.00/hour
GIS T&O Construction Tracker $50.00/week
GIS Construction Tracker $250.00/week
GIS Real-Time Construction Tracking $10.00/hour
GPS Handheld Device $10.00/hour
GPR/GPS/Drone Survey Equipment $240.00/hour
Hand Auger and Soil Sampler $15.00/hour
Hydraulic Pull-Test Equipment $25.00/hour
Interface Probe $2.00/hour
Magnetic Particle Test Equipment $25.00/hour
Moisture Content Test Equipment $6.00/hour
Multi-Parameter Water Meter $15.00/hour
pH Meter/Turbidity Meter $10.00/hour
Photo Ionization Detector $20.00/hour
Reinforcing Bar Locator $100.00/hour
Sampling Tubes $10.00 each
Sand Cone Equipment and Material $5.00/hour
Schmidt Hammer $20.00/hour
Seisometer $50.00/hour
Skidmore Wilhelm Bolt Tension Calib. $40.00/hour
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
ENGEO for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 6
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Slope Inclinometer/Settlement Indicator/VW
Readout $50.00/hour
Torque Wrench $15.00/hour
Transfer Pump $3.00/hour
Ultrasonic Equipment $50.00/hour
Vapor Emission Test Kit $40.00/kit
Vector Conversion $60.00/conversion
Vehicle, nuclear gauge, equipment, wireless
communication.
*Add $5.00/hr. for RTK enabled autotesting
equipment.
$37.00*/hour
Vehicle, equipment, wireless communication $27.00/hour
Vibration Monitor $1,800.00/month
Water Sampling Pumps $20.00/hour
Bridge Toll Actual
Mileage $0.98/mile
Parking actual
AutoCAD, Civil 3D, GIS, Drone Data Processing $37.00/hour
BoreDM Bore Log $55.00/log
Photocopies Black & White $0.25 each
Photocopies Color 11 x 17 $1.50 each
Photocopies Color 8½ x 11 $1.00 each
Plot - Black & White $3.00/square foot
Plot - Color $4.00/square foot
Postage Actual
Scan - Black & White $1.50 each
Scan - Color $3.75 each
Telephone $0.50/minute
All CPI increases shall be calculated by Contractor and requested for adjustment each
May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on
the San Francisco Bay Area Consumer Price Index CPI for that period of time and this
shall be submitted to the Public Works Management Analyst, or their designee, for
approval prior to taking effect. Remit invoices to: PWInvoices@dublin.ca.gov
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering Services Page 1 of 21
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GEOCON CONSULTANTS, INC.
FOR
ON-CALL GEOLOGY & GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of
Dublin (“City”) and Geocon Consultants, Inc. (“Consultant”) (together sometimes
referred to as the “Parties”) as of July 1, 2026 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this
Agreement, Consultant shall provide to City the services described in the Scope of
Work attached as Exhibit A at the time and place and in the manner specified therein.
In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the
Effective Date and shall end on June 30, 2029, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section
8. The time provided to Consultant to complete the services required by
this Agreement shall not affect the City’s right to terminate the Agreement,
as referenced in Section 8. Notwithstanding the foregoing this Agreement
may be extended on a month to month basis for up to 6 months upon the
written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price
charged by the Consultant for the provision of the serves described in
Exhibit A does not increase. None of the foregoing shall affect the City’s
right to terminate the Agreement as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required
pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which
Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent
personnel to perform services pursuant to this Agreement. In the event
that City, in its sole discretion, at any time during the term of this
Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services
pursuant to this Agreement as may be reasonably necessary to meet the
standard of performance provided in Subsection 1.2 above and to satisfy
Consultant’s obligations hereunder.
Exhibit C to the Resolution
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1.5 Public Works Requirements. Because the services described in Exhibit
A include “work performed during the design and preconstruction phases
of construction including, but not limited to, inspection and land surveying
work,” the services constitute a public works within the definition of
Section 1720(a)(1) of the California Labor Code. As a result, Consultant is
required to comply with the provisions of the California Labor Code
applicable to public works.
1.6 Public Works Contractor Registration. Consultant agrees, in
accordance with Section 1771.1 of the California Labor Code, that
Consultant or any subconsultant shall not be qualified to bid on, be listed
in a bid proposal, subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public
work, as defined in Chapter 1 of Part 7 of Division 2 of the California Labor
Code, unless currently registered and qualified to perform public work
pursuant to California Labor Code section 1725.5. It is not a violation of
this section for an unregistered contractor to submit a bid that is
authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the
contractor is registered to perform public work pursuant to Section 1725.5
at the time the contract is awarded. No contractor or subcontractor may
be awarded a contract for public work on a public works project unless
registered with the Department of Industrial Relations pursuant to
California Labor Code section 1725.5. Consultant agrees, in accordance
with Section 1771.4 of the California Labor Code, that if the work under
this Agreement qualifies as public work, it is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to
exceed $1,000,000, notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred
under this Agreement. In the event of a conflict regarding the amount of compensation
between this Agreement and Consultant’s proposal, the Agreement shall prevail. City
shall pay Consultant for services rendered pursuant to this Agreement at the time and in
the manner set forth herein. The payments specified below shall be the only payments
from City to Consultant for services rendered pursuant to this Agreement. Consultant
shall submit all invoices to City in the manner specified herein. Except as specifically
authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of employees
and subcontractors of Consultant. Consequently, the Parties further agree that
compensation hereunder is intended to include the costs of contributions to any
pensions and/or annuities to which Consultant and its employees, agents, and
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subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a
month during the term of this Agreement, based on the cost for services
performed and reimbursable costs incurred prior to the invoice date. No
individual performing work under this Agreement shall bill more than 2,000
hours in a fiscal year unless approved, in writing, by the City Manager or
his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the
first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount
of prior billings, the total due this period, the balance available under
the Agreement, and the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual
performing work under this Agreement
o Hours must be logged in increments of tenths of an hour or
quarter hour
o If this Agreement covers multiple projects, all hours must
also be logged by project assignment
o A brief description of the work, and each reimbursable
expense
The total number of hours of work performed under the Agreement by
Consultant and each employee, agent, and subcontractor of
Consultant performing services hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number
of hours worked by Consultant and any individual employee, agent, or
subcontractor of Consultant reaches or exceeds 800 hours within a 12-
month period under this Agreement and any other agreement between
Consultant and City. Such notice shall include an estimate of the time
necessary to complete work described in Exhibit A and the estimate of
time necessary to complete work under any other agreement between
Consultant and City, if applicable.
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2.2 Monthly Payment. City shall make monthly payments, based on invoices
received, for services satisfactorily performed, and for authorized
reimbursable costs incurred. City shall have 30 days from the receipt of
an invoice that complies with all of the requirements above to pay
Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant
to this Agreement within 60 days after completion of the services and
submittal to City of a final invoice, if all services required have been
satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by
Consultant pursuant to this Agreement. City shall not pay any additional
sum for any expense or cost whatsoever incurred by Consultant in
rendering services pursuant to this Agreement. City shall make no
payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Consultant submit any invoice for an amount in excess of
the maximum amount of compensation provided above either for a task or
for the entire Agreement, unless the Agreement is modified prior to the
submission of such an invoice by a properly executed change order or
amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis
shall not exceed the amounts shown on the compensation schedule
attached hereto as Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in
Exhibit A. Expenses not listed in Exhibit A are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation
provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal
or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant
terminates this Agreement pursuant to Section 8, the City shall
compensate the Consultant for all outstanding costs and reimbursable
expenses incurred for work satisfactorily completed as of the date of
written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to
perform any services or incur any costs whatsoever under the terms of
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this Agreement until receipt of authorization from the Contract
Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant
shall, at its sole cost and expense, provide all facilities and equipment that may be
necessary to perform the services required by this Agreement. City shall make
available to Consultant only the facilities and equipment listed in this section, and only
under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space,
as may be reasonably necessary for Consultant’s use while consulting with City
employees and reviewing records and the information in possession of the City. The
location, quantity, and time of furnishing those facilities shall be in the sole discretion of
City. In no event shall City be obligated to furnish any facility that may involve incurring
any direct expense, including but not limited to computer, long-distance telephone or
other communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall
procure the types and amounts of insurance listed below against claims for injuries to
persons or damages to property that may arise from or in connection with the
performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant
shall provide proof satisfactory to City of such insurance that meets the requirements of
this section and under forms of insurance satisfactory in all respects, and that such
insurance is in effect prior to beginning work. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of
such insurance shall be included in the Consultant's bid or proposal. Consultant shall
not allow any subcontractor to commence work on any subcontract until Consultant has
obtained all insurance required herein for the subcontractor(s) and provided evidence to
City that such insurance is in effect. VERIFICATION OF THE REQUIRED INSURANCE
SHALL BE SUBMITTED AND MADE PART OF THIS AGREEMENT PRIOR TO
EXECUTION. Consultant shall maintain all required insurance listed herein for the
duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and
expense, maintain Statutory Workers’ Compensation Insurance and
Employer’s Liability Insurance for any and all persons employed
directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall
be provided with limits of not less than $1,000,000 per accident. In
the alternative, Consultant may rely on a self-insurance program to
meet these requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code.
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Determination of whether a self-insurance program meets the
standards of the California Labor Code shall be solely in the
discretion of the Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver
of subrogation in favor of the entity for all work performed by the
Consultant, its employees, agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section; and
b. Waiver of Subrogation Endorsement as required by the
section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense,
shall maintain commercial general liability insurance for the term of
this Agreement in an amount not less than $1,000,000 and
automobile liability insurance for the term of this Agreement in an
amount not less than $1,000,000 per occurrence, combined single
limit coverage for risks associated with the work contemplated by
this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate
limit is used, either the general aggregate limit shall apply
separately to the work to be performed under this Agreement or the
general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and
personal injury, including death resulting therefrom, and damage to
property resulting from activities contemplated under this
Agreement, including without limitation, blanket contractual liability
and the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage
shall be at least as broad as Insurance Services Office Commercial
General Liability occurrence form CG 0001 (most recent edition)
covering comprehensive General Liability on an “occurrence” basis.
Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any
auto). No endorsement shall be attached limiting the coverage.
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4.2.3 Additional Requirements. Each of the following shall be included
in the insurance coverage or added as a certified endorsement to
the policy:
a. The Insurance shall cover on an occurrence or an accident
basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to
be covered as additional insureds as respects: liability
arising out of work or operations performed by or on behalf
of the Consultant; or automobiles owned, leased, hired, or
borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any
insurer or contractor may require from vendor by virtue of the
payment of any loss. Consultant agrees to obtain any
endorsements that may be necessary to effect this waiver of
subrogation.
d. For any claims related to this Agreement or the work
hereunder, the Consultant’s insurance coverage shall be
primary insurance as respects the City, its officers, officials,
employees, and volunteers. Any insurance or self-insurance
maintained by the City, its officers, officials, employees, or
volunteers shall be excess of the Consultant’s insurance and
shall not contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2,
Consultant shall submit the following:
a. Certificate of Liability Insurance in the amounts specified in
the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the
section; and
d. Primary Insurance Endorsement as required by the
section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense,
shall maintain for the period covered by this Agreement
professional liability insurance for licensed professionals performing
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work pursuant to this Agreement in an amount not less than
$2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not
exceed $150,000 per claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if
the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must
be before the date of the Agreement.
b. Insurance must be maintained and evidence of insurance
must be provided for at least 3 years after completion of the
Agreement or the work, so long as commercially available at
reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced
with another claims-made policy form with a retroactive date
that precedes the date of this Agreement, Consultant shall
purchase an extended period coverage for a minimum of 3
years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be
submitted to the City for review prior to the commencement
of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3,
Consultant shall submit the Certificate of Liability Insurance in the
amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is
to be placed with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this
Agreement, Consultant shall furnish City with complete copies of all
Certificates of Liability Insurance delivered to Consultant by the
insurer, including complete copies of all endorsements attached to
the policies. All copies of Certificates of Liability Insurance and
certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City
does not receive the required insurance documents prior to the
Consultant beginning work, it shall not waive the Consultant’s
obligation to provide them. The City reserves the right to require
complete copies of all required insurance policies at any time.
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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall
disclose to and obtain the written approval of City for the self-
insured retentions and deductibles before beginning any of the
services or work called for by any term of this Agreement. At the
option of the City, either: the insurer shall reduce or eliminate such
deductibles or self-insured retentions as respects the City, its
officers, employees, and volunteers; or the Consultant shall provide
a financial guarantee satisfactory to the City guaranteeing payment
of losses and related investigations, claim administration and
defense expenses.
4.4.4 Wasting Policies. Except for Consultant’s Professional Liability
policy, no policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by
Section 4 shall be endorsed to state that coverage shall not be
canceled by either party, except after 30 days’ prior written notice
has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as
insureds under its policies or shall furnish separate certificates and
certified endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the requirements stated
herein so long as applicable to the subcontractor’s scope of work
and trade.
4.5 Remedies. In addition to any other remedies City may have if Consultant
fails to provide or maintain any insurance policies or policy endorsements
to the extent and within the time herein required, City may, at its sole
option exercise any of the following remedies, which are alternatives to
other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the
premiums for such insurance from any sums due under the
Agreement;
Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work
and withhold any payment, until Consultant demonstrates compliance
with the requirements hereof; and/or
Terminate this Agreement.
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Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
PROFESSIONAL
Consultant shall, to the extent permitted by law, including without limitation California
Civil Code 2782 and 2782.8, indemnify, hold harmless and assume the defense of, in
any actions at law or in equity, the City, its employees, agents, volunteers, and elective
and appointive boards, from all claims, losses, and damages, including property
damage, personal injury, death, and liability of every kind, nature and description,
arising out of, pertaining to or related to the negligence, recklessness or willful
misconduct of Consultant or any person directly or indirectly employed by, or acting as
agent for, Consultant, during and after completion of Consultant’s work under this
Agreement.
With respect to those claims arising from a professional error or omission, Consultant
shall defend, indemnify and hold harmless the City (including its elected officials,
officers, employees, and volunteers) from all claims, losses, and damages arising from
the professionally negligent acts, errors or omissions of Consultant, however, the cost to
defend charged to Consultant shall not exceed Consultant’s proportionate percentage
fault.
Consultant's obligation under this section does not extend to that portion of a claim
caused in whole or in part by the sole negligence or willful misconduct of the City.
Consultant shall also indemnify, defend and hold harmless the City from all suits or
claims for infringement of any patent rights, copyrights, trade secrets, trade names,
trademarks, service marks, or any other proprietary rights of any person or persons
because of the City or any of its officers, employees, volunteers, or agents use of
articles, products things, or services supplied in the performance of Consultant’s
services under this Agreement, however, the cost to defend charged to Consultant shall
not exceed Consultant’s proportionate percentage fault.
TECHNICAL CONSULTANT
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless
City and its officers, elected officials, employees, agents and volunteers from and
against any and all liability, loss, damage, claims, expenses, and costs (including
without limitation, attorney’s fees and costs and fees of litigation) (collectively, “Liability”)
of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this
Agreement, except such Liability caused by the sole or active negligence or willful
misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract”
as defined by California Civil Code Section 2782, as may be amended from time to
time, such duties of Consultant to indemnify shall not apply when to do so would be
prohibited by California Civil Code Section 2782.
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The Consultant’s obligation to defend and indemnify shall not be excused because of
the Consultant’s inability to evaluate Liability or because the Consultant evaluates
Liability and determines that the Consultant is not liable to the claimant. The Consultant
must respond within 30 days to the tender of any claim for defense and indemnity by the
City. If the Consultant fails to accept or reject a tender of defense and indemnity within
30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered
necessary by the City, may be retained by the City until disposition has been made of
the claim or suit for damages, or until the Consultant accepts or rejects the tender of
defense, whichever occurs first.
Section 6. STATUS OF CONSULTANT.
6.1 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. This Agreement shall not be construed as an agreement
for employment. City shall have the right to control Consultant only insofar
as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3;
however, otherwise City shall not have the right to control the means by
which Consultant accomplishes services rendered pursuant to this
Agreement. Consultant further acknowledges that Consultant performs
Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or
business of the same nature as the Consultant performs for the City and
has the option to perform such work for other entities. Notwithstanding
any other City, state, or federal policy, rule, regulation, law, or ordinance to
the contrary, Consultant and any of its employees, agents, and
subcontractors providing services under this Agreement shall not qualify
for or become entitled to, and hereby agree to waive any and all claims to,
any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public
Employees Retirement System (PERS) as an employee of City and
entitlement to any contribution to be paid by City for employer
contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an 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, express or implied, pursuant to this Agreement to bind City to
any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
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7.1 Governing Law. The laws of the State of California shall govern this
Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors
shall comply with all laws and regulations applicable to the performance of
the work hereunder, including but not limited to, the California Building
Code, the Americans with Disabilities Act, and any copyright, patent or
trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall
constitute a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement
may be funded by fiscal assistance from another governmental entity,
Consultant and any subcontractors shall comply with all applicable rules
and regulations to which City is bound by the terms of such fiscal
assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that
Consultant and its employees, agents, and any subcontractors have all
licenses, permits, qualifications, and approvals of whatsoever nature that
are legally required to practice their respective professions. Consultant
represents and warrants to City that Consultant and its employees,
agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits,
and approvals that are legally required to practice their respective
professions. In addition to the foregoing, Consultant and any
subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not
discriminate, on the basis of a person’s race, sex, gender, religion
(including religious dress and grooming practices), national origin,
ancestry, physical or mental disability, medical condition (including cancer
and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression,
political affiliation or belief, military/veteran status, or any other
classification protected by applicable local, state, or federal laws (each a
“Protected Characteristic”), against any employee, applicant for
employment, subcontractor, bidder for a subcontract, or participant in,
recipient of, or applicant for any services or programs provided by
Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any
subcontract approved by the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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8.1 Termination. City may cancel this Agreement at any time and without
cause upon written notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City
and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation
for services performed to the effective date of termination; City, however,
may condition payment of such compensation upon Consultant delivering
to City any or all documents, photographs, computer software, video and
audio tapes, and other materials provided to Consultant or prepared by or
for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end
date of this Agreement beyond that provided for in Subsection 1.1. Any
such extension shall require a written amendment to this Agreement, as
provided for herein. Consultant understands and agrees that, if City
grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for
in this Agreement. Similarly, unless authorized by the Contract
Administrator, City shall have no obligation to reimburse Consultant for
any otherwise reimbursable expenses incurred during the extension
period.
8.3 Amendments. The Parties may amend this Agreement only by a writing
signed by all the Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and
agree that this Agreement contemplates personal performance by
Consultant and is based upon a determination of Consultant’s unique
personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of
Consultant. Consultant may not assign this Agreement or any interest
therein without the prior written approval of the Contract Administrator.
Consultant shall not subcontract any portion of the performance
contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement
and all provisions of this Agreement allocating liability between City and
Consultant shall survive the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches
any of the terms of this Agreement, City’s remedies shall include, but are
not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design
documents, and any other work product prepared by Consultant
pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in
Exhibit A not finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the
work described in Exhibit A that is unfinished at the time of breach
and the amount that City would have paid Consultant pursuant to
Section 2 if Consultant had completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports,
data, maps, models, charts, studies, surveys, photographs, memoranda,
plans, studies, specifications, records, files, or any other documents or
materials, in electronic or any other form, that Consultant prepares or
obtains pursuant to this Agreement and that relate to the matters covered
hereunder shall be the property of the City. Consultant hereby agrees to
deliver those documents to the City upon termination of the Agreement. It
is understood and agreed that the documents and other materials,
including but not limited to those described above, prepared pursuant to
this Agreement are prepared specifically for the City and are not
necessarily suitable for any future or other use. City and Consultant agree
that, until final approval by City, all data, plans, specifications, reports and
other documents are confidential and will not be released to third parties
without prior written consent of both Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all
ledgers, books of account, invoices, vouchers, canceled checks, and other
records or documents evidencing or relating to charges for services or
expenditures and disbursements charged to the City under this Agreement
for a minimum of 3 years, or for any longer period required by law, from
the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that
Subsection 9.2 of this Agreement requires Consultant to maintain shall be
made available for inspection, audit, and/or copying at any time during
regular business hours, upon oral or written request of the City. Under
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California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall
be subject to the examination and audit of the State Auditor, at the request
of City or as part of any audit of the City, for a period of 3 years after final
payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including
an action for declaratory relief, to enforce or interpret the provision of this
Agreement, the prevailing party shall be entitled to reasonable attorneys’
fees in addition to any other relief to which that party may be entitled. The
court may set such fees in the same action or in a separate action brought
for that purpose.
10.2 Venue. In the event that either party brings any action against the other
under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in the state courts of California in the County of
Alameda or in the United States District Court for the Northern District of
California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any
provision of this Agreement is invalid, void, or unenforceable, the
provisions of this Agreement not so adjudged shall remain in full force and
effect. The invalidity in whole or in part of any provision of this Agreement
shall not void or affect the validity of any other provision of this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific
provision of this Agreement does not constitute a waiver of any other
breach of that term or any other term of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure
to the benefit of and shall apply to and bind the successors and assigns of
the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all
reports, written studies and other printed material on recycled paper to the
extent it is available at equal or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose
activities within the corporate limits of City or whose business, regardless
of location, would place Consultant in a “conflict of interest,” as that term is
defined in the Political Reform Act, codified at California Government
Code Section 81000 et seq.
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Consultant shall not employ any City official in the work performed
pursuant to this Agreement. No officer or employee of City shall have any
financial interest in this Agreement that would violate California
Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the
previous 12 months, an employee, agent, appointee, or official of the City.
If Consultant was an employee, agent, appointee, or official of the City in
the previous 12 months, Consultant warrants that it did not participate in
any manner in the forming of this Agreement. Consultant understands
that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not
be entitled to any compensation for services performed pursuant to this
Agreement, including reimbursement of expenses, and Consultant will be
required to reimburse the City for any sums paid to the Consultant.
Consultant understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding
public office in the State of California.
At City’s sole discretion, Consultant may be required to file with the City a
Form 700 to identify and document Consultant’s economic interests, as
defined and regulated by the California Fair Political Practices
Commission. If Consultant is required to file a Form 700, Consultant is
hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,
focus group, or interview related to this Agreement, either orally or through
any written materials.
10.9 Contract Administration. This Agreement shall be administered by the
City Manager ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Geocon Consultants, Inc.
Attn: Rick Day, CEG, CHG, President
6671 Brisa Street
Livermore, CA 94550
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
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10.11 Integration. This Agreement, including the scope of work attached hereto
and incorporated herein as Exhibits A represents the entire and integrated
agreement between City and Consultant and supersedes all prior
negotiations, representations, or agreements, either written or oral.
Exhibit A Scope of Services & Compensation Schedule/Reimbursable
Expenses
10.12 Counterparts and Electronic Signatures. This Agreement may be
executed in multiple counterparts, each of which shall be an original and
all of which together shall constitute one agreement. Counterparts
delivered and/or signatures executed by City-approved electronic or digital
means shall have the same force and effect as the use of a manual
signature. Both Parties desire this Agreement to be electronically signed in
accordance with applicable federal and California law. Either Party may
revoke its agreement to use electronic signatures at any time by giving
notice to the other Party.
10.13 Certification per Iran Contracting Act of 2010. In the event that this
contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature
below Consultant certifies that Consultant, and any parent entities,
subsidiaries, successors or subunits of Consultant are not identified on a
list created pursuant to subdivision (b) of Section 2203 of the California
Public Contract Code as a person engaging in investment activities in Iran
as described in subdivision (a) of Section 2202.5, or as a person
described in subdivision (b) of Section 2202.5 of the California Public
Contract Code, as applicable.
10.14 Provisions Required For Public Works Contracts Pursuant To
California Labor Code Section 1720 Et Seq.
A. HOURS OF WORK:
i. In accordance with California Labor Code Section 1810, 8 hours of
labor in performance of the services described in Exhibit A shall
constitute a legal day’s work under this contract.
ii. In accordance with California Labor Code Section 1811, the time of
service of any worker employed in performance of the services
described in Exhibit A is limited to 8 hours during any one calendar
day, and 40 hours during any one calendar week, except in
accordance with California Labor Code Section 1815, which
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provides that work in excess of 8 hours during any one calendar
day and 40 hours during any one calendar week is permitted upon
compensation for all hours worked in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week at
not less than one-and-one-half times the basic rate of pay.
iii. The Consultant and its subcontractors shall forfeit as a penalty to the
City $25 for each worker employed in the performance of the
services described in Exhibit A for each calendar day during which
the worker is required or permitted to work more than 8 hours in
any one calendar day, or more than 40 hours in any one calendar
week, in violation of the provisions of California Labor Code Section
1810 and following.
B. WAGES:
i. In accordance with California Labor Code Section 1773.2, the City has
determined the general prevailing wages in the locality in which the
services described in Exhibit A are to be performed for each craft or
type of work needed to be as published by the State of California
Department of Industrial Relations, Division of Labor Statistics and
Research, a copy of which is on file in the City Public Works Office
and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services
described in Exhibit A shall pay no less than these rates to all
persons engaged in performance of the services described in
Exhibit A.
ii. In accordance with California Labor Code Section 1775, the
Consultant and any subcontractors engaged in performance of the
services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker
engaged in the performance of the services described in Exhibit A
that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be
determined by the Labor Commissioner and shall be based on
consideration of the mistake, inadvertence, or neglect of the
Consultant or subcontractor in failing to pay the correct rate of
prevailing wages, or the previous record of the Consultant or
subcontractor in meeting applicable prevailing wage obligations, or
the willful failure by the Consultant or subcontractor to pay the
correct rates of prevailing wages. A mistake, inadvertence, or
neglect in failing to pay the correct rate of prevailing wages is not
excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or
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subcontractor shall pay the difference between the prevailing wage
rates and the amount paid to each worker for each calendar day or
portion thereof for which each worker was paid less than the
prevailing wage rate. If a subcontractor worker engaged in
performance of the services described in Exhibit A is not paid the
general prevailing per diem wages by the subcontractor, the
Consultant is not liable for any penalties therefore unless the
Consultant had knowledge of that failure or unless the Consultant
fails to comply with all of the following requirements:
a. The contract executed between the Consultant and the
subcontractor for the performance of part of the services
described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775,
1776, 1777.5, 1813, and 1815.
b. The Consultant shall monitor payment of the specified
general prevailing rate of per diem wages by the
subcontractor by periodic review of the subcontractor’s
certified payroll records.
c. Upon becoming aware of a subcontractor’s failure to pay
the specified prevailing rate of wages, the Consultant
shall diligently take corrective action to halt or rectify the
failure, including, but not limited to, retaining sufficient
funds due the subcontractor for performance of the
services described in Exhibit A.
d. Prior to making final payment to the subcontractor, the
Consultant shall obtain an affidavit signed under penalty
of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem
wages for employees engaged in the performance of the
services described in Exhibit A and any amounts due
pursuant to California Labor Code Section 1813.
iii. In accordance with California Labor Code Section 1776, the
Consultant and each subcontractor engaged in performance of the
services described in Exhibit A shall keep accurate payroll records
showing the name, address, social security number, work, straight
time and overtime hours worked each day and week, and the actual
per diem wages paid to each journeyman, apprentice, worker, or
other employee employed in performance of the services described
in Exhibit A. Each payroll record shall contain or be verified by a
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written declaration that it is made under penalty of perjury, stating
both of the following:
a. The information contained in the payroll record is true
and correct.
b. The employer has complied with the requirements of
California Labor Code Sections 1771, 1811, and 1815 for
any work performed by the employer’s employees on the
public works project.
The payroll records required pursuant to California Labor Code
Section 1776 shall be certified and shall be submitted directly to the
Labor Commission, and available for inspection by the Owner and
its authorized representatives, the Division of Labor Standards
Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available
for inspection in accordance with California Labor Code Section
1776.
iv. In accordance with California Labor Code Section 1777.5, the
Consultant, on behalf of the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A,
shall be responsible for ensuring compliance with California Labor
Code Section 1777.5 governing employment and payment of
apprentices on public works contracts.
v. In case it becomes necessary for the Consultant or any
subcontractor engaged in performance of the services described in
Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory,
administrative, clerical, or other non-manual workers as such) for
which no minimum wage rate has been determined by the Director
of the Department of Industrial Relations, the Consultant or
subcontractor shall pay the minimum rate of wages specified
therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The
minimum rate thus furnished shall be applicable as a minimum for
such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such
employment.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons
whose signatures appear below certify that they are authorized to sign on behalf of the
respective Party.
CITY OF DUBLIN GEOCON CONSULTANTS, INC.
Colleen Tribby, City Manager Rick Day, President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
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EXHIBIT A
SCOPE OF SERVICES
Provide geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects
Provide testing and field observations
Attend meetings as required
Knowledge of Caltrans Standard Plans and Specifications is required
Provide geologic and/or geotechnical engineering technical peer reviews of
development projects to be reviewed and may include, but are not limited to:
o Preparation of geotechnical and geologic reports
o Slope stability calculations
o Grading plans and proposed remedial grading plans
o Site improvement plans, retaining wall plans and calculations, creek
stabilization plans
o Storm Water Pollution Prevention Plans (SWPPP)
Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and/or geotechnical
engineering observations during remedial grading, field inspections, project
coordination and meetings with City Staff and developer’s consultants.
Geotechnical engineering services for a variety of Public Works projects, Capital
Improvement Program projects and/or maintenance projects including roads,
drainage, and other public facilities, and other tasks associated with Public
Works infrastructure design, construction, and/or operation as assigned and
directed by the City Engineer.
Provide or sub-contract/sub-consult the following environmental
sampling/analysis services:
o Perform shallow soil sampling and analysis to pre-characterize the
materials for off-site disposal purposes and prepare a Summary Letter.
o Prepare a site specific Health & Safety Plan (HASP), as necessary.
Examples of soil samples analyses are, but not limited to:
o Total petroleum hydrocarbons as gasoline (TPHg), TPH as diesel (TPHd),
and TPH as motor oil (TPHmo) by EPA Method 8015 using silica gel
clean-up where appropriate.
o Volatile Organic Compounds (VOCs) by EPA Method 8260B.
o Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270B.
o Organochlorine pesticides & PCBs by EPA Method 8081A/8082.
o Total CAM 17 metals by appropriate EPA Methods.
o Total hexavalent chromium.
o Total Asbestos by CARB 435.
Performance Measures
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 2
of 7
1. Responsiveness and Timeliness:
a. Consultant must adhere to the highest ethical standards in all interactions
with clients, colleagues, and stakeholders.
b. Consultant shall acknowledge City communications within two (2)
business days and provide a substantive response within four (4) business
days.
i. If the assigned staff are unavailable, the Consultant shall provide
an alternate point of contact.
ii. Consultant must participate in project meetings and timely delivery
of Peer Review comments to keep development timelines on track.
c. Consultant must provide task order scope and fee proposals within 7
business days.
i. Field investigations or soil sampling must be scheduled and
initiated within 20 business days of authorization.
ii. Consultant shall complete assigned tasks in accordance with
schedules established in the project scope or task order.
d. Consultant shall notify the City as soon as reasonably practicable after
becoming aware of a schedule conflict or potential delay, and no later than
three (3) business days prior to the affected deadline whenever feasible.
i. The resolution shall be discussed during the next scheduled
coordination meeting or sooner if requested by the City.
e. Repeated failure to meet agreed deadlines without prior coordination may
affect future task assignments and may be considered in performance
evaluation.
2. Technical Quality & Peer Review
a. Deliverables (GHAD, SWPPP, and Grading reports) must reflect Caltrans
Standard Plans/Specs and require minimal substantive revision.
b. All environmental analysis (TPH, VOCs, Metals, Asbestos) must strictly
adhere to specified EPA/CARB Methods.
c. Recommendations must be site-specific, constructible, and proactively
identify geologic hazards to minimize construction-phase claims.
3. Schedule & Budget Reliability
a. Consultant shall maintain a 90% on-time submission rate for all technical
reviews and Summary Letters.
b. Consultant shall adhere to the agreed-upon budget for each project.
c. Consultant shall notify the City in writing before exceeding 75% of the
authorized task budget and provide justification and a proposed scope or
budget adjustment.
4. Safety & Professional Conduct
a. Consultant shall submit a project-specific Health & Safety Plan (HASP) for
approval prior to any field activity or remedial grading observation.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 3
of 7
b. Consultant shall ensure all testing and observations are documented
clearly and comply with ethical standards to avoid conflicts of interest
between the City and developers.
If the Consultant is unable to meet the timelines or requirements set forth in Exhibit A,
the City will provide written comments outlining the deficient deliverables and will, in
good faith, meet and discuss with the Consultant regarding their performance to
understand the circumstances and collaboratively identify a resolution. If performance
issues persist, and the City can reasonably demonstrate that such issues are due to the
Consultant’s actions or omissions, the City may, (i) temporarily withhold payment for the
specific deliverables in question until they are satisfactorily completed and accepted, or
(ii) request that the Consultant re-perform the services at no additional cost. Repeated
and material failure to meet agreed-upon performance measures, after reasonable
opportunity to cure and upon substantiated fault of the Consultant, may constitute
grounds for termination for cause.
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
FY26-27 SCHEDULE OF FEES
Professional Services
Engineering Field Technician/Special Inspector I* $90/hr.
Engineering Field Technician/Special Inspector II* $105/hr.
Engineering Field Technician/Special Inspector III/NDT Technician* $115/hr.
Laboratory Technician/Engineering Assistant $105/hr.
Senior Laboratory Technician $130/hr.
Laboratory Supervisor $165/hr.
Administrative Assistant/Word Processor/Technical Editor/Dispatcher $100/hr.
Technical Illustrator/CAD/Drafter/GIS Specialist $130/hr.
Staff Engineer/Geologist/Scientist/Field Supervisor* $140/hr.
Senior Staff Engineer/Geologist/Scientist* $150/hr.
Project Engineer/Geologist/Scientist/Construction Supervisor* $165/hr.
Senior Project Engineer/Geologist/Scientist* $185/hr.
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist $200/hr.
Principal Engineer/Geologist/Scientist $225/hr.
Senior Principal Engineer/Geologist/Scientist/Litigation Support $260/hr.
Deposition or Court Appearance $450/hr.
Attorney Fees (General) $450/hr.
Overtime (>8 to 12 hrs.), Saturday, and Night Rate 1.5x Regular Hourly Rate
Overtime (>12 hrs.), Sunday, and Holiday Rate 2x Regular Hourly Rate
Minimum Field Services Fee (per day or call-out)4 Hours (Day) / 8 Hours
(Night)
Short Notice Cancellation Fee (after 4 PM the day prior or upon/after arrival to
project site)
4 Hours (Day) / 8 Hours
(Night)
* Hourly Surcharge for Prevailing Wage (PW) per California Labor Code §1720,
et seq.$60/hr.
Engineering Field Technician/Special Inspector I* $90/hr.
Engineering Field Technician/Special Inspector II* $105/hr.
Engineering Field Technician/Special Inspector III/NDT Technician* $115/hr.
Laboratory Technician/Engineering Assistant $105/hr.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 4
of 7
Senior Laboratory Technician $130/hr.
Laboratory Supervisor $165/hr.
Administrative Assistant/Word Processor/Technical Editor/Dispatcher $100/hr.
Technical Illustrator/CAD/Drafter/GIS Specialist $130/hr.
Staff Engineer/Geologist/Scientist/Field Supervisor* $140/hr.
Senior Staff Engineer/Geologist/Scientist* $150/hr.
Project Engineer/Geologist/Scientist/Construction Supervisor* $165/hr.
Senior Project Engineer/Geologist/Scientist* $185/hr.
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist $200/hr.
Principal Engineer/Geologist/Scientist $225/hr.
Senior Principal Engineer/Geologist/Scientist/Litigation Support $260/hr.
Deposition or Court Appearance $450/hr.
Attorney Fees (General) $450/hr.
Overtime (>8 to 12 hrs.), Saturday, and Night Rate 1.5x Regular Hourly Rate
Overtime (>12 hrs.), Sunday, and Holiday Rate 2x Regular Hourly Rate
Minimum Field Services Fee (per day or call-out)4 Hours (Day) / 8 Hours
(Night)
Short Notice Cancellation Fee (after 4 PM the day prior or upon/after arrival to
project site)
4 Hours (Day) / 8 Hours
(Night)
* Hourly Surcharge for Prevailing Wage (PW) per California Labor Code §1720,
et seq.$60/hr.
Travel
Personnel Regular Hourly Rate
Subsistence (Per Diem) $250/day
Vehicle Mileage $0.90/mile
Equipment & Analytical Tests
Nuclear Gauge $5/hr.Level D PPE/Decon Rinse
Equipment $60/day
Pick-up Truck $160/day pH/Conductivity/Temperature
Meter $75/day
Equipment Truck $250/day 55-gallon drum $125/ea.
Direct-Push Rig/Operator $215/275(PW)/hr. TPHg (EPA 8015M) $90/ea.
Direct-Push Sample Liner $12/ea. TPHd/mo (EPA 8015M) $90/ea.
Equipment Trailer $125/day Fuel Oxygenate Compounds
(EPA 8260B)$135/ea.
Wenner 4-Pin Earth Resistivity
Meter $250/day Volatile Organic Compounds
(EPA 8260B)$165/ea.
Coring Machine (concrete, asphalt,
masonry)$275/day Semi-Volatile Organic Compounds
(EPA 8270)$315/ea.
Dynamic Cone Penetrometer $250/day CAM 17 Metals (EPA 6010B) $210/ea.
Inclinometer $250/day Single Metal (EPA 6010B) $45/ea.
Generator or Air Compressor $150/day STLC or TCLP Extraction $80/ea.
GPS Unit $160/day Soil pH (EPA 9045C) $35/ea.
Drive-Tube Sampler or Hand-
Auger $50/day Organochlorine Pesticides (EPA
8081)$130/ea.
Soil Sample Tube (Brass or
Stainless)$18/ea.Naturally Occurring Asbestos
(CARB 435)$200/ea.
Water Level Indicator $50/day Asbestos PLM $25/ea.
Battery-Powered Pump $100/day Asbestos 1,000-pt Count $110/ea.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 5
of 7
Photo-Ionization Meter $150/day 48-hr/24-hr Turnaround Time 60%/100%
surcharge
Laboratory Tests
Compaction Curves Soil and Aggregate Stability
4-inch mold (D1557/D698) $275/ea.Resistance Value, R-Value
(D2844/CAL301)$375/ea.
6-inch mold (D1557/D698) $275/ea. R-Value, Treated (CAL301) $400/ea.
California Impact (CAL216) $275/ea.California Bearing Ratio
(D1883)$600/ea.
Check Point $125/ea.Stabilization Ability of Lime
(C977)$225/ea.
Soil and Aggregate Properties
#200 Wash (D1140/C117) $110/ea.Moisture Determination, tube sample
(D2216)$30/ea.
Wet Sieve Analysis to #200
(D422/CAL202)$140/ea.Moisture Determination and Unit Weight
(D2937)$50/ea.
Dry Sieve Analysis, 1.5”+
Aggregate (D6913)$400/ea.Atterberg Limits: Plasticity Index
(D4318)$230/ea.
Hydrometer Analysis (D422) $225/ea.Sand Equivalent
(D2419/CAL217)$135/ea.
Sieve Analysis with Hydrometer
(D422)$250/ea. pH and Resistivity (CAL643) $130/ea.
Specific Gravity, Soil (T100) $125/ea. Sulfate Content (CAL417) $110/ea.
Specific Gravity Coarse Aggregate
(C127)$100/ea. Chloride Content (CAL422) $85/ea.
Specific Gravity Fine Aggregate
(C128)$125/ea. Organic Content (D2974) $100/ea.
Cut/Extract Shelby Tube $100/ea.
Shear Strength
Unconfined Compression
(D2166)$135/ea.Concrete / Shotcrete / Masonry / Reinforcing
Steel
Direct Shear (3 points) (D3080) $450/ea.Compressive Strength, Cast Cylinders
(C39)$40/ea.
Unconsolidated-Undrained Triaxial
Shear (D2850)$175/pt.Compressive Strength, Cores
(C42)$125/ea.
Unconsolidated-Undrained Triaxial
Staged (D2850)$250/ea.Flexural Strength Beam
(C78/C293)$125/ea.
Consolidated-Undrained Triaxial Shear
(D4767)$385/pt. Splitting Tensile Test (C496) $125/ea.
Consolidated-Undrained Triaxial Staged
(D4767)$500/ea. DSA Masonry Shear (DSA-207) $125/ea.
Consolidated-Drained Triaxial Shear
(EM1110)$500/pt.Shotcrete Panel Coring and Comp.
Strength (C1140)$125/ea.
Consolidated-Drained Triaxial Staged
(EM1110)$750/ea.Rebar Tensile/Bend (up to #11/#11
and larger)$425/$500/ea.
Permeability, Consolidation and Expansion CMU Compressive Strength
(C140)$110/ea.
Permeability, Flexible Wall
(D5084)$385/ea.Compressive Strength, Grout
(C1019/UBC 21-19)$40/ea.
Permeability, Rigid Wall
(D5856)$385/ea.Compressive Strength, Mortar (C109/UBC
21-15,16)$40/ea.
Consolidation (D2435) $80/pt.CMU Unit Wt., Dimen., Absorption
(C140)$100/ea.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 6
of 7
Expansion Index (D4829/UBC
29-2)$275/ea.Compressive Strength, Masonry Prism
(C1314)$265/ea.
Swell/Collapse (D4546) $190/pt.
Hot Mix Asphalt
Aggregate Quality HMA Air Voids, Gyratory (T269) $550/ea.
Sieve Analysis to #200 (C136) $140/ea. Hamburg Wheel Tracker (T324)$1,200/ea.
L.A. Rattler Test (500 rev.)
(C131)$235/ea.Theoretical Max. Specific Gravity
(D2041/CAL309)$210/ea.
Durability Index
(D3744/CAL229)$175/ea.Ignition/Sieve Analysis
(C136/CAL202)$225/ea.
Fine Aggregate Angularity (CAL
234)$175/ea.HMA Core Unit Weight
(D1188/CAL308)$110/ea.
Flat and Elongated Particles
(D4791/CAL 235)$175/ea.% Asphalt, Ignition Method
(D6307/CAL382)$175/ea.
Percent Crushed Particles
(CAL205)$150/ea.% Asphalt, Ignition Calibration
(D6307/CAL382)$500/ea.
Tensile Strength Ratio (T283)$1,200/ea.
*2X surcharge on rush turnaround for laboratory testing
Terms and Conditions
1. Listed are typical charges for the services most frequently performed by Geocon. Prices
for unlisted services as well as special quotations for programs involving volume work
will be provided upon request. Laboratory test prices shown are for laboratory work only,
and include reporting of routine results not calling for comments, recommendations or
conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable
or designated specifications of the American Society for Testing and Materials,
Caltrans, American Association of State Highway and Transportation Officials, or other
pertinent agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays
and holidays at double time. Per diem may apply when location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including
subcontractors and rental of special equipment are billed at cost plus 15%. Hourly
services are billed portal to portal in two-hour increments in accordance with the stated
hourly rates herein, with a minimum four-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon
presentation of invoice. Invoices become delinquent thirty (30) days from invoice date
and subject to one and one-half percent (1-1/2%) service charge per month, or the
maximum rate allowed by law, whichever is lower. If Client objects to all or any portion
of any invoice, Client will so notify Geocon in writing within fourteen (14) calendar days
of the invoice date, identify the cause of disagreement, and pay that portion of the
invoice not in dispute. The parties will immediately make every effort to settle the
disputed portion of the invoice. Payment on delinquent invoices will first be applied to
accrued interest and then to the principal amount. All time spent and expenses incurred
(including any attorney's fees and costs) in connection with collection of any delinquent
amount will be paid by Client to Geocon per Geocon's current fee schedule.
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C
Consulting Services Agreement between City of Dublin and Last revised 7/1/2026
Geocon for On-Call Geology & Geotechnical Engineering ServicesExhibit A – Page 7
of 7
6.Client and Geocon shall allocate certain of the risks so that, to the fullest extent
permitted by law, Geocon’s (the term “Geocon” includes Geocon’s partners, officers,
directors, employees, agents, affiliates, subcontractors and subconsultants) total
aggregate liability to Client is limited to the greater of $50,000 or the total compensation
received from Client by Geocon for services rendered on this project, for any and all of
Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of
this Agreement from any cause or causes, including attorneys’ fees and costs which
may be awarded to the prevailing party, and Client agrees to indemnify and hold
harmless Geocon from and against all liabilities in excess of the monetary limit
established above.
Client and Geocon shall allocate certain of the other risks so that, to the fullest extent
permitted by law, Client shall limit Geocon’s total aggregate liability to all third parties,
including contractors, subcontractors of all tiers, materialmen, and others involved in
Client’s project, as well as persons and other entities not involved in the project, to the
greater of $100,000 or the total compensation received from Client by Geocon for
services rendered on this project, for any and all injuries, damages, cause or causes,
including attorneys’ fees and costs which may be awarded to the prevailing party, and
Client agrees to indemnify and hold harmless Geocon from and against all liabilities in
excess of the monetary limit established above, including all liability incurred by Geocon
for acts, errors, or omissions, pursuant to entering into agreements with third parties on
behalf of Client in order to obtain access or entry onto property not owned by Client.
Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s
liability to them, and require them to abide by such limitation for damages suffered by
any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the
contractor nor any subcontractor assumes any liability for damages to others which may
arise on account of Geocon’s actions or inactions.
All CPI increases shall be calculated by Contractor and requested for adjustment each
May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on
the San Francisco Bay Area Consumer Price Index CPI for that period of time and this
shall be submitted to the Public Works Management Analyst, or their designee, for
approval prior to taking effect. Remit invoices to: PWInvoices@dublin.ca.gov
Docusign Envelope ID: 5CEACDEC-2E92-8189-8372-F1B465F27A4C