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Home My WebLink About4.06 BerlogarGeotechSvcs CITY CLERK File # O(Õ[lJJ¡z)]-[3][Q] AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 19.2005 SUBJECT: Approval of Consulting Services Agreement with Bcrlogar Geotechnical Consultants for General Geotechnical Services Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: I) 2) 3) 4) Resolution, together with Exhibit "A," Agreement Letter trom BerJogar Geotechnical Rate Comparison Prcvious Agreement and Amendments RECOMMENDATION: ¡(l})Y" Adopt resolution approving the Agreement. \{ FINANCIAL STATEMENT: Under this Agreement, Berlogar Geotechnical Consultants will provide generaJ geotechnical serviccs to the City based on the proposed rate schedule. Services performed typically include pJanchecking and peer review for private development projects or soils engineering for CapitaJ Improvement Program (CIP) projects. These services are either paid for by developers or budgeted within individual CIP proj ects. Berlogar is proposing a rate increase for Fiscal Y ear 2005~2006 of 4.17%. Future rate incrcases will be governed by Section 2 of the Agreement, which specifies that future adjustmcnts shall be limited to the Consumer Price Index (CPI) for Urban Wage Earners for the San Francisco-OakJand Bay Area as of February of each year. DESCRIPTION: The City has contracted with Bcrlogar Geotechnical Consultants since 1996 for general geotechnical services. The services provided in FiscaJ Year 2004-2005 have been in the area of soils testing for construction of the Senior Center, a CIP project administered by thc Parks & Community Services Department. Funding for these services was budgeted in the CIP. In past years, Berlogar has also performed planchecking and peer revicw for private development, the cost of which would be funded by developers. Staff is proposing a new Agreement with Berlogar in order to incorporate amended contract language. The term of the Agreement will be for two years, expiring on June 30, 2007, with a rate adjustment allowed for the sccond year of the Agreement. Under the proposed Agreement, BerJogar wilJ be compensated for work performcd at the hourly rates specified in the Agreement based on a per-task ................................. - ---........ - - - - - - - - - - - - - - - - - - - - - - - - -.............. -......... - - - -... --... - -- COPIES TO: Frank Berlogar, Berlogar Geotechnical lD:b t:A. ITEM NO. ~ G;\CONSUL TANTS\berJogarIAGST new Agreement 071905.doc . estimate. The cost of work related to CIP projects wiJI bc budgeted within each project, and the cost of work related to private developments wiJI be paid for by developers. Berlogar is proposing a 4.17% ratc increasc for Fiscal Year 2005-2006 (Attachment 3, Rate Comparison). Future rate adjustments will bc limited under Section 2 of the Agreement to thc CPl as of February of each year. To date in Fiscal Ycar 2005-2006, Berlogar has provided soils testing scrvices for the Senior Center CIP project, which was administrated by thc Parks & Community Scrvices Department. The work providcd to datc by Berlogar Geotechnical Consultants has bccn satisfactory, professional, and competitive, and Staffrecommcnds that thc City Council adopt the Resolution approving the Agrccment. 2ðQS 1t>3Í RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ******... APPROVING AGREEMENT WITH BERLOGAR GEOTECHNICAL CONSULTANTS FOR GENERAL GEOTECHNICAL SERVICES WHEREAS, Berlogar Geotechnical Consultants has providcd gencral gcotechnical serviccs to the City since 1996; and WHEREAS, the City desires to continue using Berlogar Geotcchnical Consulting's scrvices; and WHEREAS, it is proposed to enter into a new two-year Agrecmcnt in order to incorporate amended contract language; NOW, THEREFORE, BE IT RESOLVED that thc City Council of the City of Dublin does hereby approve the Agrecmcnt with Berlogar Geotcchnical Consultants, attacbed hereto as "Exhibit A." BE IT FURTHER RESOLVED that thc Mayor is authorizcd to executc thc Agreement. PASSED, APPROVED AND ADOPTED this 19th day of July, 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk O:\CONSULTANTS\berlogaNcso new agmt 05-o/).ðQC ATTAUllMENT I. ~ctJ ~t CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and BERLOGAR GEOTECHNICAL CONSULTANTS ("Consultant") as of July 19, 2005. 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 inconsislency between the terms of this Agreement and Exhibil A lhe Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30,2007, the date of completion specified in Exhibit A, and Consultant shâll complete the work described in Exhibit A prior to that date, 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 Cily'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 Consuitant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Asslanment 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 Section 1.1 above and to satisfy Consultant's obligations hereunder. Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. An upper limit shall not be established for the dollar value of work performed by Consultant within a given year; however, Consultarit shall provide a per-task estimate and shall be required to obtain written authorization from Cily prior to performing tasks under this Agreement. City hereby agrees to pay Consultant for each task, as authorized by City, notwithstanding any contrary indications that may be contained in Consultant's estimate, for services to be performed and reimbursable costs incurred under this Agreement. in the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, 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 oniy payments from City to Consultant for services Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants mIBlTÂ {o --f::ke l.. esD I u.i:-; 0 r¡ S~3i rendered pursuant to this Agreement. Consultanl shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant ànd 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 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. Invoices shall contain the following information: · Clear numerical identification, with no duplication of numbering; · 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; . At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; . The total number of hours of work performed under the Agreement by Consultanl and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consullant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthlv 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 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, Consulting Services Agreement between City of Dublin and 8erlogar Geotechnical Consultants July 19, 2005 Page 2 of 14 L{oo~ unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 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 s. 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 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 ali outslanding costs and reimbursable expenses incurred for work satisfactorily compleled as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adjustments. Consullant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco·Oakland Bay Area published by the U.S. Department of Labor, Bureau of Labor Statistics (Index) which is pubiished for the year ending in February. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1 % index increase as an example) HOURLY CHARGE RATE INDEX INCREASE (Assuming 1 %) 150 x .01 = 1.50 $150.00/hr 1.50/hr $151.50/hr Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipmenl 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. . Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 3 of 14 6rJb 3<t City shall furnish physical facilities such as desks, filing cabinets, and conference space, as rnay be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The localion, quantity, and lime of fumishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to fumish 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 beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance 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. 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 to the City. 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. 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 thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. 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 ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the labor Code shall be solely in the discretion of the Contract Administrator, The insurer, if insurance is provided, or lhe Consultant, if a program of self"insurance is provided, shall waive all rights of subrogation againsl the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail has been given to the City. Consultanl shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limils. 4.2 Commercial General and Automobile liability Insurance. 4.2.1 General reauirements. Consultant, at ils own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MilLION DOLLARS ($1,000,000,00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General liability Insurance or Consulting Services Agreement between Cily of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 4 of 14 ~O{) ~ '6 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 againsl claims arising from bodiiy and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiies. 4.2.2 Minimum SCODe of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive.General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operalions of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self"insurance maintained by the Cilyshall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified maii, return receipt Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consullants July 19, 2005 Page 5 of 14 Iff/] '3 <t requested, has been given to the City, Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional Llabilitv Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not.be suspended, voided, canceled by either party, reduced in coverage or in limits, except after lhirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are 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 five years after completion of the Agreement or the work, so iong 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 retroaclive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's soie cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Reaulrements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed wilh insurers wilh a Besls' rating of no less than A:VII. 4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 6 of 14 '3Ob3~ endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance polícies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall fumish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or thai the Cily's interests are otherwise fully protected. 4.4.5 Deductibles and Self·lnsured Retentions. Consultant shall disclose to and obtain the 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. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coveraae. In lhe event lhat any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's eariiest possible opportunity and in no case later than fourteen days after Consultant is notified of the change in coverage. 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 alternalives to other remedies City may have and are not the exclusive remedy for Consuitant's breach: . · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 7 of 14 tt~'3i . 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 compiiance with the requirements hereof; and/or . Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily Injury, loss of life, or damage to property, or any vioiation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or characler of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, empioyees, agenls, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agerits have contributed in no part to the injury, loss of life, damage 10 property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the Califomia Civil Code. Acœplance by City of insurance certificates and endorsements required under this Agreement does not relieve Consullant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply, By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend. and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subconlractors, as well as for the payment of any penaities and inlerest on such contributions, which would otherwise be the responsibility of City. 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. 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 Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accompiishes services rendered pursuant to this Agreement. Nolwithstanding 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 10 waive any and all claims to, any compensation, benefit, or any incident of employment by City, including Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 8 of 14 IDeo -;i~ 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 No ÄQent. 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 1. LEGAL REQUIREMENTS. 1.1 GoverninQ Law. The laws of the State of California shall govern this Agreement. 1.2 (Ämpliance with Applicable Laws. Consultant and any subcontractors shall comply wilh all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Reaulatlons. 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 to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualificalions, 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 telTTl 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. 1.5 Nondiscrimination and EQual Opportunltv. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, 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 comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services lhat are the subject of this Agreement, including but nollimited to the satisfaction of any posilive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 9 of 14 1l~3< Section 8. TERMINATION AND MODIFICATION. 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 thirty (30) days' written notice to City and shail include in such notice the reasons for canceliation. In the event of termination, Consultant shali 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 shali 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 ali the parties. 8.4 Assianment and Subcontractlna. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personai competence, experience, and specialized personai 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 lhan to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior 10 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 ODtlons UDon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; Consulting Services Agreement between City of Dublin and Beriogar Geotechnical Consultants July 19, 2005 Page 10 of 14 12"b?$ 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 lhe 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 5T A TUS OF RECORDS. 9.1 Records Created as Part of Consultant's Peñormance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specificalions, 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 three (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 Section 9.2 of this Agreement requires Consullant 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 TEN THOUSAND DOLLARS ($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 Cily, for a period of lhree (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' 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 Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 11 of14 \~~~ß 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 thai 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 Northem 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 vaiidity of any other provision of this Agreement. 10.4 No ImDlied 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 Asstans, The provisions of this Agreement shall inure to the benefit of and shall apply 10 and bind the successors and assigns of lhe parties. 10.6 Use of Recvcled 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 pertormed pursuanl to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (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 twelve 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 Govemment Code §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 Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 12 of 14 l41:J;C¿ may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 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 Melissa Morton, Public Works Director ("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: Frank Berlogar, President Berlogar Geotechnical Consultants 5587 Sunol Boulevard Pleasanton, CA 94566 Any written notice 10 City shall be sent to: Melissa Morton City of Dublin Public Works 100 Civic Plaza Dublin, CA 94566 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. 10.12 InteQratÎon. T is Agreemenl, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations. representations, or agreements, either written or oral. Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 13 of 14 CITY OF DUBLIN Ja net Lockhart, Mayor Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G;\CONSULTANTSlbenogarlnew consulting agreement 071905.doc Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants 15ttö Jog ../ - r ReSdatt- logar, President July 19, 2005 Page 14 of 14 ¡/.ðoo~$ EXHIBIT A SCOPE OF SERVICES To provide geotechnical peer review of soils and geologic reports for private development projects, provide lesting and field observations, and attend meetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project-by-project basis. Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants-Exhibit A July 19, 2005 Page 1 of 1 1l6f) 3« EXHIBIT B COMPENSATION SCHEDULE Compensation shall be paid per the attached Fee Schedule(s) entitled, "2005-2006 FEE SCHEDULE." G:\CONSULTANTS\b8r1o¡;¡ar\new consulting agreemsnt 071905.doc Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants--Exhibit B July 19, 2005 Page 1 of 1 BERLOGAR GEOTECHNICAL CONSULTANTS 2005-2006 FEE SCrlEDULE General L1.q}i Bill/no Rate/Hour Prlnclpol Engineers and Geologi5t8 ",."..."............."......" ""...l....,..,.... ........, "........................, ',......".........., ",.."....."...."....,.,..."....,....."..., $'67.00 As'oclete Engineers 000 Geologists ,..,.,."... ".."",:" ,..,.'" "",.....,....,..........., ,...,.......,'......,.,.."...",.".."...,.., ",........,.....,... ".......""...." ,.,.,..., .158,00 Senior E'nglneern and Geologists ,...,........" .""" ,,,.,,,,..',..,,.,,,,.... ......,....... n.,,' ...........,."..,........,,,, .,., ..,'.... It.", .....,.... ,...,..., ........""....".,..,...,. 14Q,60 Project Engineers ood Geo!oglsis."",,,,,..,,.,,,..., n..."...,."""...... ,u ......... .....", ...........,...."..... ~",..,.,.".,...",..."., '" ..... ...... . ........."".. ,.".......,..128.00 StO" Engln_, ond Geologists.....",...., ,.,...., ,.",........"."" "..:...".........,........ ,........,.....,.........., ,..,.,." ...".."" ",...".....,...",.,......"""....", ,..,..... 115,00 Supervising TeChnlclons .... ...,.., ....",..".." ".."...',,,..,......,,...........................,,, .... .....",."..........',..'"., ,.., "."".",.......... "......,....,..."".."""........130,00 Loborotorv Technlelons ......... .......",.......,.,.."..,......,......"",,,........., ""...,...."".........,...............,...".""..."....""... ...."...""",....""",...",...,..,,,,,,97,00 Senior Engineering TeChnlctCr1S ...."".,;...,....."" ,.., "I"...t '" II. ........., ......1.. ,,"I . . II,..' I .". ",.,',.~.,...".,.".,..,",.,',..., ......,...,,,.,,.....,,,,, 'n"'....,...."" 97 ,00 Engineering Technlclons .,,",.,. II..',......,.,., ...."..,.. n.".'...."."" ..... ..... ...........",....,.. 0'''''''' n'....'.,.,,,,, ..",..,..,,,.,,,,.... ...." "" I ...,. ,.,. ,.,..',."" "",.. p"'" 8a.00 Cömpuler nme,...,...........,.."....,..""....,.,...",..",...".,...",.,..,..............."..""..."... ".".."..,."..."...."."... "."".",...,.....",.."",.,..,."",....".,........." 2S,00 Draftsman""..."".,......, ~"""'''''''''''''''''''''''''''' ,.. n,.. ...... ¡",...... ,...." .....,."",... ..".. "... ..'"._,."........"., u,.,.""..",........."..""......,."......,...,..,.....", B 7 .00 Word Processor" u, ......".",..,....,.,..",... I"....,..."....".. ....",. ......... ..."....",..",..."."....,.......""...".....".....", ¡.'", "... ,..,.. ."",,,,.. '''''''' "..."..""..."".59.00 Clertcol,.""".".. ...,....,.,..",.".....",.,.....,......,......, ,:."......", "... ......."...'",..'"...,,,..,...,, ......""...,.....".,....,."..,.,,,..,,.....,,..,,...,....,.,,,..,..,...,..,...,.,,, 42,00 Outside SE.!rvlce~ ....... u,.."""...."" ,,,,.., ''''''". ,.......",...."". ....... ......,.."",..", n.,.",. "',..I,.'.." .."....",...,...."....""....,...""" .'.......,."......,..., .Cost + 20% Vehicle"" ,,,,."....,,.."...',,,,.,.;...,,,,.......,.....,,...,.,...., ......",. ....:.. .....".."",.""...,,,,,...,,.......,,,,.,,,........,....,..,..,.,.,.. ....".""",......"."...,.,...",.,.., 51 Ç/mlle Nucleor OeMfy Gouge (TWo-Hour Minimum) ".....,.........,.....,......." "",...",....."",".,...,..", ,...,......".,..",."......, ..,.,...." ""...., ,.., "".....,..., "" ".",. 1 0,00 Proton Magnetometer ."", "",' "", ,,,,,,.......,,..,,,,...,....,..,,.. ....,....,..,."",..",....,..."." ........". ¡..,., .,,'"''',''''' '," ....... "..t!'""...""" ..... ,...,....". 135,00/dcy Selsmcgroph 112 Chonnel) ,.""",..,..,,, ,..,."..",'..."....... ".. ''',."..""" ."...",......""", .....'"".,.",....., .....".. ............"..,...."......".........,.......,.367 .OO/doy Slope Indlcoìor '" ......"",......."....."..",....."...,.,.,.,..."",....,....""""""" "",.,..."",.".......,.....".,..".. ...."......' .......',..','..'" .....,... ......'.,..."." 1 70,OO/doy ~~~~~ I~~~~~~~t,::::::: :::::':::: ::::: :::::::::: :::: ::::::::: ::::::::: :::::: ::::::: ::::: ::: :::::::: :::::: ::::::::: :::::: ::::::: :::::::::: :::::: :::: :::: :::: ::::: :::::::::::::: :::: ::::::::::: ::::' ~ ~~:g~~~ WoIer Pump",.""",,,........,..,,..,.......,,,,.,., ,..."",....."",."",.,.. ..... "".., ......."...., "......""" ,...,."..,.,....,."..,...,.."",.... ..........",.... """..",.,...."" 31.00/doy Coring Machine.. .........,.""."..",., ,... .pl."..'." ..,.. ,.1,.1 "..",."... ,....."...""...,.." .."....i .,.",',,"" ",......,., ,."".....,.", .........,.." ....."""".."."...."..76 ,OO/day Piezometer Reod-Oul Unrt""....""....."..""",..,.....,.., ...., ...".. ".""".""".",,,... ....,..."..,.,.".,..." ,....,.,.....,.,.... .....,.."..,'..,...,..'"'...",,,,,..,,.,, 1 56,00/dOy Settlement Transducer Read-Out.",.",....."."""., I"" ""..".,......."".", .."",..," ,,,,...,,......, ......,.".", ,......,.,., .......",..""",.....,.""....,..",,,...., 156,ao/day overtime work pertormad at the requeet of tha Client or necessitated by Contractor working overtime will be blllêd ai 1 .5 times the hourly rates listed above, Expert wltM" tesflmony/deposltlon minimum chmges: $2.300/doy, $1.500/helf-dOY; preporotlon ot oppllcoÞle hourty rote" Llm)tatlons BERLOGAR GEOTËCHNICAL CONSULTANTh provides seIVlc", In the field of Sdl Engineering - Engineering Geology. In occmdonce with prsssntly accepted professlonai practices, NowLlrron1y, either expressed or ImplIed, 1$ granted CIS port of pel1CfmanC8 of our work. For any damage on account of any error, omlss!on or other profes.slonal nsgllgencé, our IIdbmty will be IIm~ed to 0 sum of $50,Qoo or our fee, whlohever ~ greater, In the event \I1e Client moke, 0 clolm ogoln.st BERLOGAR GEOTECHNICAL CONSULTANTS ot low Or otheIWI,e, for ony olleged error. omission or other acts arising out öf the pertortnancè Of OUr prOfessional services, and ths Client fOils to prove $uch claim, then the Client shall pay an costs incurred by BERLOGAA GEOTECHNICAL CONSULTANTS In defending Itself ogolnstthe clolm, On-Site Investiaatlon C¡jr'1dl~Qn:!l [0) Client sholllndicote to Consultant the property Ilne5 ond Is re'pon,IÞle for oocurocy of markers, [b) Client 'holl gron! free access to the 'Ite tor 011 neoessory equipment ond personnel. ]he Client ShOll notify ony ond 011 posse"ors of \I1e project site, whether they be Ia'WfUUy Or Unlawfully In possesslOT\ tIiOt Cllønt has gronted Consultant tree access to the proJèct site. ond Cllant shall secure permission (ond any permtts) nec'essorv to a!low Consultant free OCCéSS to the preeot site at f'¡O chorge to Consultcnt un~s s~eoltlCClltv ogreed to otherwise In me lelfer ot proposol ottached hereto, lei Client sholl taKe steps tosee thotthe property Is protected Inside and out. Including olllondscoplng. ,hru", cnd flewers. ond Con.sultont wIll not be responsible for damage to lawns, shrubs, londscapes, walk3, sprinkler SYSTems, or underground utmNas ond InstallatIon caused by movement of eoltn ör equipment. (d) Client shall locate for Consultant and shall assume rssponslblJlty tor the Clccuracy of his rspresentatlves as to tha locotlOns of ol! underground utlllfles ond Instollatlons. Consultont will not Þe responsible for domage to Or'1\' ,uc~ u1IlInes or Instollollon, not so locoted, and any 8uch damage may. at Consultarrfls optJan, be repaired 'r:1V Consultont ond billed at cost plus 2Q p@rcentto Cnent S\Jch casts ere In oddlflon to \I1e lee, defined by \I1e pro~osol of which \I11s F.... Schedule 15 0 port. lei Con,ull011l will mo." borings ond/or trenohes during suÞsurtoce eJ<plOrotlon ot Ihe site. Consulton! \\ill oItempt to bocl<flll 011 borings ond/or trenches but will make no cttempt ta compact sold backfill so It!s. probcble thct seffiement of the backfill will OI:"GUr, Client hereby ogree~ to occe~t 011 respoMblllfy for candltlons reloted 10 Þockflll settlement If Client requests. Consultorrt will rstoln 0 third þorfy to compoct such oocktlll. The charges thereof wlU be billed to the CHent at cost plus. 20 percent, Such chorges are In addltlon to ony omount~ p,evlou,ly oulhorl,"'" Þy the Client, It) All samples of soli or rock \\ill be diSCOrded t~lrty d'OV' offer 3uÞmlsslon of our report unless specific mrongemen15 ore previously mods by Client 140b 3( Labornmrv Tests (Un!t charg@forlaborqtor¡te8t1f11glncludlngthe nOrrY'lol ¡oboro!orywork and reporting of re.!!utts only. UnuslJOI ort1mS-COliSUmlngsomple preporot1on or spaCial tests are billed at hourly charge for the laboratory techniCian. Charges for test1ng which are not lISted will be grven upon request. SlrnilorJv, a reduction of the Fee Schedule rate can be gIven for 0 lorge number 01' tests). Billing ~ Classification Testa Anerberg Llm~' (PI & Ll).............................................."..........$130 Sieve Analysis ...."....."....""..... ,..'...........,."...............",.."."...., 1 02 Percent Passing ..200 5Ieve...............:.................,................"... 53 Hydrometer Anc~~...".............., ........",....."...........,.......,..."" 125 Sand EquMJlent, "".,,,.,,.,,,.,,.,,.,,, ",...,.........,.....,.....,.............." 1 07 5peOlflc Gravity.......".",."",...,.".""..,.,,, .....,....,....,.,.,.."",....... 129 Bulk Specific Gro"Ity,,,,,,,,,,,..........,,......................,,...,,..,,..,,,,.,, 110 Moisture Content/Un~ WOigh! .."..."......."......................."....""" 16 Camoactlon Curves A. 4-lnch Mold "........"............"................. ..." ...""...."....."..... 203 e, 6-lnch Mold "."".."................."......."...........,,,....,...............237 C, Callmpact ('vIJe!I.."....."""..,,,,,......,,......,,.........,,,.......,,.,,,,, 203 D. Collmpoct IDry) """,,,,,,,,,,.....,,,,,....,,.........,,................,,.....237 E. 1 Point Venflcatlon,...............,.,,,..,,...,,,,.,....,,, .",....."."...",,,... 87 f')llrab!ll1v Factor A. Fine .",,,,,..,,,,,,,,, "...".""..."............,...............".",......,..""" 192 B. COO".....................,.."",........."....., ,...,.,,,....,,,,,.,,.....,,,. ...".. 1 S8 LA Rattler,..."" .....",,:........ .............. ...."",....,...".......",,,..,,,,,.. 203 !1-Vo!ue Tests Not nequlrlng Reproport!or1ing ,,,,,.......,,,....,,...........,,...........,,.. 270 Requiring Reprcportlonlng ,"'..'" ..,.....,.....'",..."...".,.,.., ..,......,. 306 Cement. lime. Other "............,......." "...,....... ,.. .......'........'...... 306 Concret~ (Including molstur.. content and dry unit weight determinatlon'l A. CompreSSion Te$ts (set of 3. specimens}..............................."64 6, Trial Batch .....,...""",."............,...........................".........."", 820 Billing Rats/Test Shrink/Swell Tests '{IncludIng moisture content ond dry unit weight determlnotlon'l A. Und~turbed."................."...........".:........................"......... $ 8S 8, R..mOlded ...,.,..",.,..."......,.........,."".,...."".............,.,.....,.,. 164 Strenath TeóÌS (Including mol'tur.. cont..nt ond dry unit weight dêtermlnatlon,) Direct Shear. Per P.QIO! A. UndisturÞed..............................."""......,..",....·.... 51 B, Remolded .......".."......................""."....."..,....... t02 Triaxial CðmorAsslon, Per PoInt A. Unconsolldoted, Undrolned.."""..".............."..... 133 8. Unconsolidated, Unçlrailîèd & Bocksaturattön ",.0> 226 C. Consolidated, Undrained..",..........."..........."...., 242 D, consolldoteQ. Undrained 8< Bocksoturoted ......... 306 E, ConsolldOted. Drained ..."""....""................"",,. 239 F. Pora Pressure MeasurementS...",.................."...·.·" 79 G. Remolded Specimens, Add. Per Point .................. 57 Unconflnp.d ComDrElssion A. Undisturbed ,........""............".""",,,...............,,,,...88 B. Remolded .....".".."..".."......................""........... 135 ~(lncludlng n'lOlsturecontent and dry unit welgh1 determlnotlon'l A. Uneil'turbad""..",,,,,..,,....................,,.......,,,,....,,, 203 e, Remolded ".........""..."....",.................".""..",.., 260 C. llmaCompresslon Curva. Per Increment ...,....".",51 AsDhalt1c Cc:inmet9 A. Moxlmum Density ,......"........".".."....,........."....".107 B. ExlroCflon............."....""........"............................ 135 C, Graeiatlon............. ",,,,,.,,................,,.. "........".... 125 SbF.{";:iðl Cond~jon5 In the event that the Client requests 1'ermlnot1on of the work prior to comple11on of a report, we reserVB the light to Gomplete such onalyses and records as are necessory to place our moo In order ond, where considered by uS nece$sary to protect our professional reputation, to complete Q report on thÐ work perfOrmed to-date. A termination charge to cover the cost thereOf In on amount not to exceed 30 percent of all chQrgas Incurred up to dota af the stoppage of the work mO'{. ot tns discretion of BERlOGAR GEOTECHNICAL CONSULTANTS. b.. mode, All wö<k I"oludlng le~ers and reports pr..pared by BERlOGAR GEOTECHNICAL CONSULTANTS sholl renialn the sale propeny of BERLOGAn GEOTECHNICAL CONSULTANTS un~1 POyment In tullls received, . Project-related out-s:de costs !ncludlng: Equipment rentol. con:s.ultonts" speCiO! fees, permit5 or InsuroncEl¡.meai$ ond lodging and other s!m!!ar ttems ora billed at co,t + 20%, In lieu of Indlvlduolly chorglngtor: photo cop;e'. fed..ral express. tao,lmlle. telephon.. and clerlcol fime a ftot f86 Of 2% of totollobor will be charged, Copies of previously Issued report, ot up to 60 poges ",11 be billed at $50,00 for the fl"t OOpy, and $40.00 tor eoch additional COpy. Specific quO!'" for lorger report, ond/or reports containing drowlng' lorge¡ than 82 X ] 1 Inches, A new Fe.. Schadulels Issued at the beginning of each year. Unless other arrongements hove been mode. chorges for 011 v.(ork performed o~..r D..comber 31. 2004. (Including projects Inlfiated In the prior year) will ba basad on tM new schedule 01 chorges. WJJIDg Irrvolces will bs Issued every month, poyoble ·upon receipt, unless otherwise ogreed. Client ogrees to poy on receipt an Invoices not questioned within ten doy; oftar mailing by 6ERlOGAR GEOTECHNICAL CONSULTANTS, Any quesfions rol,ed a~er this ten·day pe'ad will be onswered by BERLOGAn GEOTECHNICAL CONSULTANTS and should any credit 10.. due. BERlOGAR GEOTECHNICAL CONSUlTANT8 will Opply the cred~ to tuture In"olce,. ar It requested by Cllan!. refund any amount due, A servlCB charge of 'two percent per month (but not exceedIng the moxlmum rats allöwobls by lOW) will be payable on onyç:mounts not PQld within 30 do\lS. payment thereaf't8r to be applied 11rst to Clccrued Interest and then to tha princIpal unpaid amount, MY attorneys feas Of other cosJs Inaurred In collecting ony delinquent omaunt sholl be pold by tns Client. Via Facsimile and Mail '",,~...,.,..,.....?b. 3$. ' . . ·II'·E~ ',<I ;'ï' ,'.:::' ,v.i.'":,.;,, ,.:":"". ,.,<:,:' ,. '," ..,,''',:', ".,' ',,;,",.,'., ·.".·8:. <ä·,:'~"/!I4"Q'Ci',':A':.:R·".· ,""............'.....',......:...../ , "", :.¡', ' '..:, "! :\. :~ ' '.........."...,.,..',......",:,.'.".'.",. , :bc~]1~NI.c~( ~~~$Ø~f~Nt~i}, \"""1"',1'··""'"'''' ""<" :'" ", u \ ";I>\,!;:,;:',:::,':':'::::'i":A>:'!,~':':':,"",::,,:;:'¡':<:':'::,:.'::;'~ "", ",: .,:', '. ~<: <~, ~--._"'"------"""- ",,:, ,," "",,'::., "':"","''''':'' ,"',^ January 25, 2005 Job No. 2122.000 Melissa A. Morton/Public Works Director City of Dublin 100 Civic Plaza Dublin, California 94568 Subject: Contract Fiscal Year 2005 - 2006 Dear Ms Morton: Pursuant to your lctter regarding a contract for fiscal year 2005 - 2006, attached please find a copy of OUt Fee Schedule - 2004 which would apply to the contract renewal. We have reviewed the revised standard consulting agreement. Our commcnts and suggestions are shown on the attached "markcd-up" agreement for your consideration. Please call me if you have any questions, conUllcnts or rcquire additional infomlation. Respectfully, PSLpv Attachments: "Marked-Up" Standard Consulting Agreement Fee Schedulc wordiproposa1l15810 "ATTAUBMßNT Z. SOIL ENGINEERS' f.N(¡INEERING GEOLOGISTS. 5587 SUNOL BOULEVARD' PL,ASANTON, CA 9' BERLOGAR GEOTECHNICAL CONSULTANTS FEE $CHWULE - 2004 ~ ;II~ ~( f!lIlina Rt.Jte/HolJ( PrinclpOI Engineers and Geologists ,.."",..", ,...." ,.." ...."" ,......... '" ""..."...., "... ".."".... "" ".... ",.... "......"..........."...".... '" ....., .. $187.00 Associate Engineers and GElologlsts .,;.........,......... .....,......"".........................,..,.. .. .. .....,..,..."".,..,..."",...,.,,."",..."...,. ......156.00 Senior Engineers qnd Geologists "'" ...,.,_"..,.""" """"""" .", . ..."""", .,,,,,,, """"""" """..""""", "."" '" ."""",,,,, ...140,00 Pralecl Engineers ana Geologlsh,..,..".....".",..",."......................................................................................................... .............................. 128.00 staff Engineers and Geologists...,......".... ...., ". ... ... "...",,, ,..,.....,.... .......,...,., ,.. ..... ,.......,.,.,....."... .."..........".....".... ...... ,., ',1',,",' .... ....., ,.,,115.00 S\JpelV~lng TechniCian, ,....................................................................................,..................................................... .................,............,...... 130.00 Laboratory Technicians."""..""..""""..,."..."",....,.,.""..",..,.,.""",. ........."",..".."......"...,... ~"'...."...,.."......."""'.."."'."...".........,.""'...,."'., 97 ,00 Senior Englnge~ng Technicians",., ...",..,..... ...""",.,.."......." ,,,,,,,,,......,.,,.,,,,,..,,.,,..,,,.,,,,,,..,.,,,,,,,,,,.,,.,,,,,.,,,,,,,,,,....,,,,,,,,,.,,,,,,,,,,..,.,,,,,,.,,...... 97 .00 Enginaenng Technicians............................................................................................................................... ........,........................................, 88.00 compute, Time............................................................................,............................................................. ...................................................,. 28.00 Draftsman"""".....,.......",..".".,......,..,....,....,.."....,....f, ...,.".... .....".....,'......,.."......,...,.,....,., ,',." .,.,...... ... ..,.,...,....... ....,..,....... ....".,...87.00 WorÇ1 Proce.!isor '''''''' ,,,,,., ...,."",..."""..""",,,,,,,,.,,,. .'", ".",,,,,,,,,,,,,,.., ..'"."",....""""".,.."""""."""""""..""""",.,.."""".""",.""""",.""",,., 5Q:,QO ClericQI ................................................................................................................................................ .........................................................., 42.00 Outside SeNlces .... .....,.""....".,......""....",."."...."....."...,....,.""",...".....""...",."..,...",.,.,.".".,.,."...,.."....".."",......, ".,...",.,.,..",.,...,. Cost + 200/0 Vehicle ,...,.,. ." .........,..,..._.. .,.....,....,..,......., ,..,..........., ........ ..""......,..".... .... .........,..... . ....,... ,.,51 C/mlle Nuclear Danslly Gouge (Two-Hou' Minimum)..... ........................... ...............................,... ................. ............ ............ ........ .... ..... ............... ....., I 0.00 Proton Magnetometer.",......""...,,,.,..,,.,,,,,,,.,,..,.,,..,.,,...,,,,..,.,,,,,...,,....,.,,,,,..,,,,,,,..,,,,,.,,.,,..,,,,...,,,,.,,,.,,..,.,,.,,,. ,...,."",..,."""..."",."",., 1 35,OO/day $elSmograph (12 Channel) ........,.......................,.............,...............................,.,.......,......................,.....,....................... .................,.....367 .00lday Slape Ir¡jlcotor ................................................................................................:........................................ .........,................................... 1 70.00/day Sondex Instrument" ................. ..............,,,,, .... ......"....., ................ .......1 25,00/day shoring ........ ....... ............ ,... ....................... ....... ....... .............. ........ ............... ................. ....... ........... ,.. ....... ..... .............. ...... ..1 09.001doy Water Pump.".,.,....".,.",.,..."....,...,."""".""""...,...,.".,..""""",.""""""",..."""."."""",.",."", """"""",."""",.""""..,."...".."""""."" 31 ,OO/day Coring Machine........ ..",.."...,....\...""....,..,.,., ...........,."....,..,.",.,."".,.",..".....""...".,.,..,.",........""".....,.,......,.".",....", 78 ,OO/day PI",o",e!e, Reco-Out Unll......... ..... ............ ......... ......................... ....... ...................... ,....., ,... ........ ..... ........... ............ . ... , 56.aO/day Settlement Transducer Read-Out "'" ,.".,.",.. ",."", .".", "" "'" ,. ....., """."", .,., ..,..., "" """'" "." "" "..", ." ,."""., '" "" "" "'" '" "" ."". ""'" .", 156.00/dav Ove-rUffle work performed 01 the raQues' of the Cllant or necessl10ted bvContractor working overtime will be billed at 1.5 times the houny rates listed above, Expert witn,,", tesflmonyld"þOSlffon minimum charges: $2,300/doy. $1 ,500/MII-C1C1Y; preparatlan at applicable haurlY rOle'. t Imitations BERLOGAR GEOTECHNiCAl CONSULTANTS provldss sÐrvlces In the field of Soli Englneenng· Engineering Geology, in accordance w1fh preoontlY ocoepted professional proctlces. No warranty, either expressed or Implied, Is granted as part of perfOmlOnCÐ of our work, For ony dõmage on account or any error. omission or other professional negligence, our liability will be !Imlted to a sum of $50,000 or our fee, whichever Is greater. In tt16 event the Client make:; 0 claim ogqJnst BERLCGAR GEOTECHNICAL CONSULTANTS at law or otherw~e, for any alleged error, omission Of omer acts arising out of the performance of our pröfesslönOI services, and the Client 1alls to prove such claim, 1han the Client Slïall pay 011 cost; Incurred by BERLOGAR GfOTF.CHNlCAI. CONSULTANTS In defending Itsell agoln't tha claim. Qo:§kIDySj!§jiaotlon Condition:; la} Client shall Indicate to Consu~ant thB property !lnes and is responsible for accuracy of markers. Ibl Client shall grant tree Occess to the site for all necessary equipment and personnel, The Client shall notify any and 011 þ{:J&~a!i~0r£ of the prOjecf site, whether thEW be lowfu!1y or unlawfully In possession, that Client has granted Consultant free access to the project :¡i1'e, and Client shall secure permission ¡Ond any pE~fmllsJ nece$sorv to allow Consultant free access to the project site at no charge to ConsulTant unless specifically agreed to otherwise In the letter of proposol attached hereto. (el Client shall take steps to see tt10t the property Is protec1ed In..'>ide ond out. Including all landscaping, shrubs and flowers, and Consultant will not be responSible for domoge to lawns, shrubs, landscapes, walks, spnnkJer systems, or underground utmties end instcllo't!on c::aused by movement of earth or equlpmenf, (d) Client shall loccte for Consultant ond ShQII QSsume responsibility for the accuracy of hIs representatives as to the locotions or 011 underground utilities and Installations, Consuttcnt will not be responsible for domoge to ony such utilities or Instollatlons not so located, and any such damage rnoy, at Consultant's option. be repaired by Consultant and billed at cost plus 20 percent to Clien1, Such costs are In addition to the fegs defined by the propœal of wfilch fhls Fee Schadule IS 0 part, lei Consultant will make bonngs and/or trenches d~Jrlng $ub$urfoca exploration of the site. Consultant will attempt to backfill all bor1rtg5 Clnd/or t(enc~.,. but will maka na attempt ta campact sold bocktlll 50 II 15 probable that ,eflement af The backnll Will ooo,"r. Client he,ebyagrøes to accept all responsibility for conditions related to backfill settlement. If Cllont requests, Consultant will retain a third party to compact such bacldlll. The charges thereof will be billed to the Client at cost plu5 20 percent, Suet) charges are In addll'ion 1'0 any amounts previolJsly authorized by the Client, (t) All samples of soil Or rock win be discorded thirty Çlays otter submission of our report unless specific arrangements are previously made by Client. ~ ~11b~t LaboratðlV Tests [Un1t charge for laboratory testing Including the nörmollClboratory work end reporting of results only. Unusual or time-consumIng sample preparat10n or speCIal tests are billed at hourly Charge tor the laboratorY technlc!an. Charges tor testing which are not listed will be given upon request. Similarly, a reduction of the Fee Schedule rate con be given for a lorge number of tests}, Billing ~atelTest Classification Test A~erMrg limits (PI & ll)..................... ..........................., ......, $130 Sieve Analy,l, ..............,...........,.., ...... ...... .........".., ................... 102 Percent Passing #200 Sieve, ".,""'" ............, "."."......,....",.... "., 53 Hydrornerer Analysis.........,'" """ '''' ,,,.,...., ".."", "",..".." ..,......' 125 Sand Equivolent ...., .................... ..................., ..".......... ............ 107 Specific Gravlly""" """,."".,........"..,...,.,....".,. ".,.,.,..."'.'" ".." 129 BulkSpeCllIC Gravlly,........................... ...".""......."...........", ..110 Moisture CQntent/lJnlt Weight """"""""".. ........",."....."..,."",..16 ~ A, 4-lnch Mold """"...."".. """...""."."""...."..,.,",."",,.,,""'" 203 B, 6-lnch Mold... ..... .".""""""""... . ...""""."........"...."""", 237 C. Collmpact ¡WeI).."". "."""""".""..""." ...""""""""..."..203 D, Ccllmpact (Dryl """""""...". ....""""..".."""..." ....""""",237 E. I PalntVerlllçolon,,,,,,,,,,,,,,,,,..,,,,..,,~,,..,,,,,,,,,,,,,,,,....,,..· ",,87 {)lJr'cbmtv Factor A, Fine "...""..... ..."""""""".."""...".."""""...""""".. 192 B. Coarso.. ,.."".""...."" "",..,""'''''''' ".,.,.,.."....,....",,,.,.,,, ,..,.., 1 SB LA, Ra~ler..".. ."""""".".".".., ......""""."..".....",,,.,,,,,203 I1-Value Test~ Not Requiring Reproportionlng.. ..."..,.".,..",."""".,...,."...""".270 Requiring Reproportlonlng "",. '" ..,.....,...,.,.,.,.,., ",...""., ...,.",... 306 CSf"Y"'I@nf. lime, other .......,...", "...." ,." ...,... .".., ".,.,.",..,."",. ...306 çS:flcrete Tests (Including moisture conten1 ond dry uni1 weight determinationS) A, Compression Tests (set at 3 speclmen.s}"""".........,."".."",..,64 B. Trial Botoh ....... "..".""""."."".... .".""...""""".",..."""".820 Billing RntAffest SMnk1SwA11 fAsts (Including moisture content ond dry unit weight determloot1ons) A. undlsturÞed",."""."..""",........,,,,,,,,,......,,.,,,....··....,,,,,,,,,,, $ 85 S, Remolded.....""",,,,,.,,,,,,..,,.,,,,....,,,..,,,,,,,,,,..,,.,,.....·, '"'''''' 164 Strenath Te5f5 (inoludlng moIsture content and dry unit weight determlnat(ons Direct Shear, Per Pnln~ A, Undlsturt:>ed """,..",...",....""... .,,,.,,,,,,,,...,,,,......,, 51 B, Remalded".... ."""""""""..."."..... """."".......102 Trlmdal COrTlotesslon. Per Point A Unconsolidated. Undrained.."""".... ..........."."" 133 B, Unconsolidated, UndraIned & Backsaturatlon ...". 226 C. ConsOlidated. Undrained."".."". . .. ...""".""" . 242 D. Consolidated, Un~rOlna<:J & Backsoturoted """". 306 E, Consdldoted. Drained "...""....""""""""........,,' 239 F. Pore Pre55ure Measurements""", ""...."""..""..".. 79 G, Remolded Specimens. Add. Per P,,,nt ..,"."""""" 57 UnconflnP.<":l Comoresslon A. Undisturbed "."...""...."....."""..""...".".."".,"""" S5 B, Remolded ..,.. ...""""""""""...""",,,,,,,..,,,,....... 135 Consolldat1on 1$ (Including molsfure content and d¡y untt weight determinations) A, Undisturbed """".."....""",...",,,,,,,,,,,..,,... """" 203 B. Remolded """....."......"."..."""" ......,,,,,,,.,, 260 C. Tlma Compres5ion Curve. Per Increment.. ",.....", 51 Äs.Dhaltl(': Concrete A. Maximum Denslly ...""......""..."..."..,..."""",,.,," 107 B, Extraction....."""""""",,,.........,,...,,.,,, ,,,....,,.....", 135 C, Grodatlan..."".....",,,...,,,,,.,,,,,,.,,,,......·,,,,,,,,,,,,,,, 125 Soeclal CondJ1.iQm In the event that the Client reQ~)ast5 terminatIon or the work prior to complet1on of a report, we reserve the ~ght to compla1e such analy&E:";!s and records as ara nocessary to placa our flies In ordèr and, where conslderoo by us neces$Ory to protect our protesslonal repu1alon, to comPlaie a report on ttle work performed to-date, A termlnat10n Charge to cover the cost thereof In on omount not to exceed 30 percertt 01 all charges incurrac;l LIP to date of tl'le stoppage of the work may, at the discretion of BERlaGA~ GEOTECHNICAL CONSULTANTS, be made. All wark Including lerters and repons prepared by B¡RlOGAR GWTECHNICAl CONSUlTANTS shall remain tne sale properly at BERlOGAR GEOTECHNICAl. CONSUlTANTS until payment In fUll Is received, Project-related out-side t.:03t~ Including: Equipment rentol, oonsultonts, special (ess, permits or Insurance, meals and lOdging and other similar Item8 ure billed at co5t + 20%, In lieu of indiV\duolly charging tor: photo copleõ, federalsxpress, facsimile, t~ephOne ond clericol time a fiat fee of 2% of total labOr will be chorged, Caples af previously Issued reparts ot up to 50 page, will be billed at $50,00 tcr the first oapy. and $40,00 far coch oddl11onal copy, speclllc quotes tor larger reports and/or reports cOIltalnlng drawings Jerger thon 82 X 11 InchA$. A now Fee SonE:-dule Is issued ot me beginning of eClch year, Unless o1her arrangernents have been mode, charges for 011 work perföímed after Df:"Cember 31,2004, (Including projects Inltioted In the prior yeor) will be based on the new schedule ot charges. !!i!!JD(¡ Invoices will be ISSIJOO eNery month, poyable upon receipt, unless otherw1$a agreed, CHant agrees to pay on receipt ell invoices not questlQned within ten doys aftar mallilig bv BERLOGAI1 GEOTECHNICAL CONSULTANTS, My questions raised after this ten-day period will be answered bY BERlOGAR GEOJECHNICAl CONSULTANTS oed should any credit be due, BERlOGAR GEOT¡CHNICAl CONSUlTANTS will apply the credit to future Invoices, or 11 (eql~est8d by Cliant refund any amount due. A service Charge of two percênt Per month (but n.ot exceeding the maximum rate- cHewable by ¡ow) will be poyob\a on any amoL.t\ls not paid wi1r1in 30 days, payment thereafter to be applied firS't to qccrued interest and then to thE:' principal unpaid amount, Any c¡ttorneys teeS or other costs irlClJrred In collecting any delinquen1 amount shall be paid by the Client, ~~~~ BERLOGAR RATE COMPARISON FOR FY 2005.2006 SENIOR CENTER TESTING: 2004-0S 2004·2005 PROPOSED RATES HOURS 2005·2006 CLASSIFICATION PER AGMT THRU 5/31/05 COST RATE COST J;!lfE, PERCENT PRINCIPAL ENGINEER/GEOL 1BO.00 0.5 90.00 1B7.00 93.50 3.50 3.89% ASSOC. ENGINEER/GEOL 1S2.00 0 158.00 SR. ENGINEER/GEOLOGIST 135.00 0 140.00 PROJECT ENGINEER/GEOL 123.00 1 123.00 128.00 128.00 5.00 STAFF ENGINEER/GEOLOGIST 111.00 0 115.00 SUPERVISING TECHNICIAN 125.00 4 500.00 130.00 520.00 20.00 4.0Q'% LABORATORY TECHNICIAN 93.00 0 97.00 SR. ENGINEERING TECH 93.00 30.5 2,83S.50 97.00 2.95B.50 122.00 4.30% ENGINEERING TECH 85.00 3.5 297.50 88.00 308.00 DRAFTSMAN 84.QO 0 87.00 WORD PROCESSING 57.00 1.5 8S.50 59.00 88.50 CLERICAL 40.00 0.5 20.00 42.00 21.00 1.00 41.5 3.952.50 4.117.50 165.00 4.17% RATES CHARGED 9/25/2004 12/31/2004 3/31/2005 4130/2005 5/3112005 TOTAL PRINCIPAL ENGINEER/GEOL 180 0.5 0.50 ASSOC. ENGINEER/GEOL SR. ENGINEER/GEOLOGIST PROJECT ENGINEER/GEOL 123 1.00 STAFF ENGINEER/GEOLOGIST SUPERVISING TECHNICIAN 125 4 4.00 LABORATORY TECHNICIAN SR. ENGINEERING TECH 93 5 22.5 3 30.50 ENGINEERING TECHNICIAN B5 4 2.5 3.50 DRAFTSMAN WORD PROCESSING 57 1.5 1.50 CLERICAL 40 0.5 0.50 41.50 g:engr-contrãet\bMogar\ratacomp 05-06 ATTAUmNT 3. "2.4ob~t .', STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT TIllS AGREEMENT is made at Dublin, California, as on]' ¿¿N ~ I ( 1996, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and BERLO AR GEOTECHNICAL CONSULTANTS ("Consultant"), who agree as follows; 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PA YMRNT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner. set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit Bj or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and eq,uipment which may bc required for furnishing se£vices pursuant to this Agreement. . City shall furnish to Consultant only the facilities and equipment listed in Exhibit C acCording to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the cvent of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is in.consistent with the general provisions. 5. EXHrnTTS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCON1'R ACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcon1Iacted without written authorization by the City, exccpt that which is expressly identified in the Consultant's proposal. 7. CHA NOES. City may from time to time req~ changes in thc scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amen~ents to this Agreement only when in writing. 8. RESPONSTRT ,R CHARGE. Consultant shall assign. a project manager(s) to the pro~ect for the duration of the project. There shall be no change in the Project Manager or members of the proJect team without prior written approval by the City. The Project Manager for Consultant shall be PIDLIP TSE. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOJvIPSON ("Administrator"). All correspondence shall be directcd to or through the Administrator or his or designee. Agreement Page I of2 06/04/96 ATTAUmNT LI. 'í~ 1't 10. NOTICES. Any written notice to Consultant shall be sent to: ÀJ:1y written noticeto City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, cA 94568 Executed as of the day first above stated: CITY OF DUBLIN, a munici a1 corporation By Approved as to form: ~~~ 71. h'~ City Attorney . Agreement Page 2 of2 OS/23/96 .., 2tø,P5'~~ EXHIBIT A SCOPE OF SERVICES AND SCHEDULE (GEOTECHNICAL) To provide geotechnical peer review of soils and geologic reports for private development projects, provide testing and field observations and attend mcetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project by project basis for peer revicw and geologic reports for private development projects, provide testing and field observations and attcnd meetings as requested.. Exhibit A Page I of I 06/04/96 . . ' .~'1~?/6 ExmBIT B PAYMENT SCHEDULE . . City shall pay Consultant on a time and expense basis not to exceed the total sum of FIFTY TIIOUSAND DOLLARS ($50,000) per year for services to be performed pursuant to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed. - The total sum stated above shall be the total which 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 unless such extra scrvice and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order excced twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agrecment is terminated by City, Consultant shall' be cntitled to receivejust and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all fuûshed and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby e¡çpressly waives any and all claims for damages or compensation arising under this Agrecment. Consultant silltll maintain adequate logs and time sheets in ordcr to verify costs incurred to date. The Consultant is not authorized to perfonn any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Departmcnt of the City of Dublin. Exhibit B Page I of I 05/28/96 EXHIBIT C 2"6üb 3ß . City shall furnish physical facilities such as desks, :filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and timc of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, including, but not limiting the generiility of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. . . Exhibit C Page I of 1 OS/23/96 2'1~~í EXHIBIT D GENERAl, PROVISIONS I. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall bc an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. T ,TCRN!;RS' PERMITS: ETC. Consultant represents and wan-ants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legal'y required for Consultant to practice his profession. Consultant represents and warrants ~ City that Consultant shall; at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, pennits, and approvals which are legally required for Consultant to practice his profession. 3. :rIME. Consultant shall devote such time to the perfonnance of services pursuant to this Agreement as may be reasonably necessary for satisfactory perfonnance of Consultant's obligations pursuant to this Agreement 4. TNS} JR ANCE REOUIR RMRNTS. Consultant shall procure and maintain for the duration of the contract in~urance against claims for injuries to persons or damages to property which may arisc :!Tom or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors: The cost of such insurance shall be includcd in the Consultant's bid. A. Minimum Scone 6fTnsurance. Coverage shall be at least as broad as: (1) (2) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office fo= number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). " . Insurance Serviccs Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsemcnt CA 0025. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. S. Minimum T ,imits ofTnsurance. Consultant shall maintain limits no less than: (3) (I) (2) Exhibit D Pagc I of4 OS/23/96 General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damagc. If commercial General Liability Insurance or othcr form with a general aggregate limit is used, either the general aggregate lirnit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. 3D't~" (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the Statc of California and Employers Liability limits of$I,OOO,OOO per accident. c. nl".ductibles And ~elf·lnsured Retentions Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or elin:rinate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claitll administration and defense expenses. D. Other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) Gene;ri.il Liability and Automobile Liability Coverages. (a) (b) (c) The City, its officêrs, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performcd by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on thc scope of the protection affordcd to the City, its officers; officials or employees. The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials and employees. Any insurance or self- insurance maintained by the City, its officers, officials, employecs or volunteers shall be excess of the Consultant's insurance and shall not contribute- with it. Any failure to comply with reporting provisions of the policies shall not affect coveragc provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance sha1l apply separately to cach insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. (d) The insurer shall agree to waive all rights of subrogation ~ainst the City, its officers, officials, employces and volunteers for losses ansl11g trom work perfonned by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent act<;, errors or omissions on the part ofthc Consultant in thc course ofperformancc of the services specified in tlùs Agreement. (4) All Coverages. Exhibit D Page 2 of4 OS/28/96 F. Verification of Coveraie. Consultant sball furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. Theccrtificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any timc. H. Tbe Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurancc are either not commercially available or that the City's interests are otherwise fully protected. CONSULTANT NO AGRNT. Except Wi 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. ASSIGNMENT PROHIRTTRD. No party to this Agreement may Wisign any right or obligation pursuant to this Agrcement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. . PER SONNEI " Consultant sball Wisign only competent personnel to perfOJll1 scrvices pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE, Consultant shall perfoJll1 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 in the geographical area in which Consultant practiccs his profession. All instnunents of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall bc prepared in a substantial, first class and workmanlike manner and confOJll1 to the standards of quality nonnally observed by a person practicing in Consultant's. profession. HOLD HARMT.RSS AND RRSPONSTRTT.ITY OF CONSTJLTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to hitn, to any subconsultant, to the City, to City officers and employecs, or to parties designated by thc City, op account of, and to the extent caused by, the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on activc or passive negligencc of the Consultant or of his subconsultant. Consultant shall indenmify, defend and hold hannless the City, its officcrs, officials, directors, employees and agents ftom and against any or all loss, liability ,cxpense, claim, costs (inclUding costs of defense), suits, and . damages of every kind, nature and description directly or indirectly arising from, and to the extent caused by, the negligent perfonnance of the work. This paragraph shall not be construed to exempt the City, its employecs and officers from its own traud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties Exhibit D Page 3 of 4 OS/28/96 . . ." 31íf/)~ Each insurance policy required by this clause shal1 be endoned to state that coverage sba11 not be suspended, voided, cancclled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acct<Ptabilitv ofInsurers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIII. 5. 6. 7. 8. 9. . .. . ~¿.i3'6 . hereto recognize and ag:tee that this Agreement is not a construction contract. By execution of this Agreement Consultantacknowlectges and agrees that he has read and undersblnds the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurancc contracts does not relievc the Consultant or subconsultants :6:om liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by flSCal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or rnaterials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials Qr properties produced in whole or in part under this Agreement sbaJl be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the exprcss written consent of City. City shall have unrcstricted authority to publish, disclose (as may bc limited by the provisions of the Califonùa Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agrecment. Exhibit D Page 4 of 4 OS/28/96 P~:16~ EXHIBIT "A" OF RESOLUTION &-98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FO:q GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to' as "CITY") and Berlogar Geotechnical Consultants (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional one-year period (terminating June 30, 1999); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coindde with the end ofthe 1998-99 Fiscal Year; Le" until June 30, 1999. . ~T4at BERLOGAR GEOTECHNICAL CONSULTANTS , ,. 3~ 31& .. EXHJBIT "A" OF RESOLUTION l.1I-.-99 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOtECHNICAL CONSULTANTS FOR GEOtECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Berlogar Geoteclmical Consultants (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 1999; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-yearperiod(t~;tWgJWt~;?p;@:ò~); and WHEREAS, Consultant has proposed a rate increase for the 1999-2000 fiscal year; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 2000-2001 Fiscal Year; i,e., until June 30,2001. Adiustment of Rates The rate schedule attached hcreto as Exhibit A shall be effective for the 1999-2000 fiscal year. Consultant may propose a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN ~~ BERLOGAR GEOTECHNICAL CONSULTANTS Da e: 3~1> EXHIBIT "A" OF RESOLUTION ~-Ol AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hercinafter referred to as "CITY") and Berlogar Gcotechnical Copsultants (hereinafter referred to .as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engincering services to CITY; and WHEREAS, the term ofthc agreement was extendcd to June 30, 2001~ and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The tenn of the agreement shall be extended to coincide with the end of the 2002-2003 Fiscal Year; Le., until June 30, 2003. CITY OF DUBLIN BERLOGAR GEOTECHNICAL CONSULTANTS ,( 1.3 Þ g:engr contract\berlogar\umndrnenr!)J .doc· 3'lÞ063!" , EXllIBIT "A" OF RESOLUTION ./29 c03 .f\MENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL ,CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hercinafter referred to as "CITY") and Berlogar Gcotechnical Consultants (hereinafter referred to as "CONSULTANT"), enteredìnto a one-year agreemeni on Jnne 11,1997, to provide ,engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2003; and WHEREAS, Consultant and the City of Dublin wish to extend the tenn of said agreement for an additional two-year period (ten:iliniîlliigJnne'3'U;-1U05); . '.,.... n. NOW, THEREFORE, the parties hereto agree as follows: Extension of Tcnn , Thc tcnn of the agreement shall be extended from July I, 2003, to Junc 30, 2005. ShoUld a new agreement or amendment to agreement to extend the contraCt not be entered into by June 30, 2005, then this agreement will automatically extend until a new agreement or 'amendment to agreement is entered into or City gives written notice of termination. . Not-To-Exceed An upper limit shall not be established for the dollar value of work performed by Consultant within a given year; however, Consultant shall provide a per-task estimate and shall be, required to obtain written authorization tro¡n City prior to performing tasks under this Agre=ent. Adjustmcnt of Rates The cutTent rate schedule shall remain in effect for Fiscal Y car 2003-2004. .. Consultant shall bc entitled to request a further adjustment of rates for the secoridyearofthe agreement. CITY OF DUBLIN ATTE.. ST:d(. . . ~ ~d , i Clerk "- BERLOGAR GEOTECHNICAL CONSULTANTS ------ s:mgr contrac::t\berlogar\arnndmento3..()4.doc 31~3~ EXHIBIT "A" OF RESOLUTION ß1i ~ AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Berlogar Geotechnical Consultants (hereinafter referred to as "CONSULT ANT"), entered into a one-year agreement on June 11, J 996. to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2005; and WHEREAS, Consultant and the City of Dublin wish to amend said agreement to reflect the rates in effect fot Fiscal Year 2004-2005; NOW, THEREFORE, the parties hereto agree as follows: Adjustment of Rates The rate schedule attachcd hcreto as Exhibit I shall be effective for FiscaJ Year 2004-2005 until termination of agreement on June 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination. ~k~defd- g:cngr contractlbcrlnga.....mndment 04·0~,doc . '3q,úb~i BERLOGAR GEOTECHNICAL CONSULTANTS FEE SCHEDUlf . 2003 Generol Bllllna Rete/Haur P~nclpol Engineers and GeoIogIsI$ .. .. .. .. , . .. . _ _ , , .. , .. , . .. .. . .. - .. .. . .. .. .. . .. . .. .. . .. .. .. .. . .. . .. . ... $160.00 Assoclete EnglneBlS CIne GeoIoçiSI. , . . , , ., . . . , , . , . . . , . . . . . . . . ' . - , , , . , . . . , . . , . . . . . . . , . , . , . . . . , . . . . . . . , . . .. 152,00 s..nlor Englnear. and Geologlrn , . . , . . . . , . . , . . . . , . . , , . . . .. . . . , . . . . , , . , . . , . . . . . . . . . . . . . . . . , , . , . . . . . . . , . . .. 135,00 Projeal Engineers end Geologlol$ . . , . . . . , . . , . . . . , . . , , . , . . . _ . . . . . . . , , . , , . , . . . . . . ' . . . . . . . . . , . - , . . . . . , . , . . .. 123,00 Slott Engln"" and Geologlola ,...,.......,.,..,..".".........,',.......,... , . . . , . . . . . . , . ' . . . . . , . , .. .. 111,00 Supervising Technicians .....,..".......,....'.",.,..,........,..'.....'...,.......,.....,.,..,.,..,' 125.00 lOboratory TSCMlclans· , . . . . . , . . , ' . . . . . , . . . . , . , . . , ' . . . . , . . . . . . . . , . . , . . . , . . , . . , . . . . . . , . . . . . . , . , , . , . , . . , . . 93.00 Senior En¡¡in..e~ng TechnlCloN ' . . . . . , . , , ." . . , , . . . . , . . _ . . , . . , . . . . . . . . ,. - - . . - , . . ' , . . . . . , . . - , . . , . . , . , . . . . , , . 93.00 Engln_ng Tecnnlclo;; , . . . . , , . . , . . . . . . . . . . , . ' , . , . , . , . , , . , . . . , . . . . . . . . . . . , . . . , . . , . . . . . , . . . , . . , . . . , . . , .. B5.00 Computer Time ' . . . . . . , . . . . . . . . . . . . . . . . . . . . . . , . ' . . , . . . . . , . . . , . . . . . , . ' , . . , , . . . . . . , . . . . , . . . . . . . , , . . . . . .. 27.00 Drcffsmon . 'r'.'...... " I ~. I.... ,.. ".,,' . I" ,., ,., ,., "",. I 4..,'1.. '" '" '" ", ,.,.. "...... , I """ , .sa.co Word Proceslor , . . . . . . , . . . . . , . . . . . . , . . . _ . . . . . . . . . . . , . . , . . . . . , . . . . . . . . , . , . . , - - . . . . . . , . , . . , - - - . . , . . , . . .. 57,00 ClaJ\cal ..... . . , . . . . . , , . . .. , . . . , . . . . . , . . , ' . . , . . . . . . . . , . . . , . . . . . . . . . . . . . , . . . . . . . . . . , . . . . , . . . - . , . . , . . . ' 40.00 OUlaldeServlo'" ..,...,..,..,......, ,..,..,....................., ,.. ,.. ,.....'......,..,....., ..,. Coot... 20% VehIcle """,""" ¡ . . , . . , . . , , . . . , ~ ' . . . . I , . I . . . . . . , . . ' I I , . . I I I I , . I I , ' . . . . . . . . , , ' . , ' I . . . . . I . . . . . . 49¢1mUs Nuclecv DeNny Gouge (TWO-HOu, Mlnlmuml ..........,..,... _ . . , . , _ . . , . . , , , , , , . , - . - - . . , . . . . . , , . , - . - - . . . ,. 9,[)() PrOton Magnatometer ....",.,.,.,..,..,..,."..,.,.......,...,....,.""..".......,..,."....., 130.001doy 5elsm.ogrcpn [12 Chonnel) , ' .. . , , . , . , , . .. .. .. . . " , . " , .. .. . .. , , .. . . , . .. " ' . , , . , . . .. ' , . , " , . . . ". 353.00/doy SlopillndlcCJlO( " _ .. , , , .. . . . " .. .. .... . .. . ' . .. , . " , .. . . .. " " . " . .. .. , .. . .. . .. , . .... . .. . .. .... , '.. 163,00/doy SandI))< lN11'Ument . . . , . , . . . , . . . . . . . . . . . . , , . . , . , . , . . . , ' . . . . . . . . , , . . . . . . . . , . . , . . , . . , . . . . , . . , . . . . . . ,. 120.oo/doy OVertime worX pertormed Qlt!1e requeot ortne CUent Or necess~cIed by Controator working overtime will be billed QI I .5 tlm...lne hourly rot"" listed Qt>o\I<I. Expert wltness.lmllmonyldepoalUon minimum charge.: $2.200ldoy. $I,30O/half·Ocy; pr"þOr01l0n ot appllOable nourly rom.. p,oJeCl-telcled out.sldecosl1; Including: Equlpmenlrar!tol, COl1$ultant!, speclCII fees, permItS o,lnsurance. meals and lodging and otn..r slmlla,lt9ms ora billed c1 cost + 20%. In lIeU Of IndlVlduol¥ charging for: pnoto copies, federal e'pr9SS. facsimile, telepnone ond ole.col ume a ne! fee or 2% ottotcllaborwlll be onorged. Copies 01 prevlous¥lsoued repOrts of up 1050 pages will be billed af $42.00 torlne flrst copy, and $32.00 lor eacn odd~loncl COW. Specific quotas for IOrger rap""' and/or reporla contolnlng drowln¡;¡slarger t!1on 8'10 X 11 Inches. laboral0N1esl>! IUn~ chorge fer laboratory tesffng Including Ihe norroollcborolory wort< and repOrt of r,,"ults only, Unusual or Ume-cansumlng lomple preparoffon a-spacial tests afe blled at nour¥charge for1M Icbcrc1arylecMtclon, ·Charges fQl t¡¡.tlngwnlcn areno1l~E>CI will De given upon reQuest. Slmll.arty. a .rGducffon of the Foe Scnedule rote 000 be gwen for a large number of t...I1;). Billing RelelT9$! Classlflc01lon Tests A1Ierb6l\l UmIt8IPIIUl) .. . .. , . .. . .. . .. .. . . .. .. .. $125 Sieve Änalysls ...,...'....,.......,..,...,...,., 98 Plllcenl po..lng #200 Sieve .. .. .. .. .. .. " . " .. . .... 51 HydIomete,Analysls ........... ......",.."..... .120 Send oQuIvOlent ........,... _ _ . . . . . , . , . . , . . . . .. 103 SpeCIfic GlcNliy . . . . . , . . . , . . , , . , . . _ . . . . , . . . , , .:. 124 BuI~Sþl9CI/IoGrcMIy ................ _........... 106 MoIà1ureConIarU/UnIiWelghl .".,....,.....,....,. 15 ComoocUon CUIYe! A. 4-lncn Mold ......,.....',..,..,......"".. 195 B. 6-lnoh Meld. , . . . . . . . . , . . , . , . . , . . . . . . . . , , . . ,. 228 C. Collmpac1 (Wet) .................... "" .". 196 D. Collmpacl (Cry) . .. .. .. . ' . . , . . , . .. . .. . " . .. " 228 E. 1 Pain! VeNncotlon . .. . .. .. .. , .. . . .. .. . . .. . .. ,.. 64 Durabllltv Foetor A. Ane......,...,......., .,.................,. 1as B. coarse ..........".,."......"....'..,.,. 1!>2 LA. Roilier. . . . . . . , . . . , . , . . . . . . , . . , , . . . ' , . , , . ,. 195 R-Value TêSIs NotRequlrlngReproportlonlng .,..",.,.....',..., 260 RE>qulr1ngRepropcrtlenlng ".....".........,..,. 294 CemMf. ume. othe, ......""............"... 294 Concrete Teals (Including molrture content ona ory untt welghl oelermlne!IonS A. CompreSlllOn TI981s [sel 01 3 speolmens) . , . . , . . . . . .. 62 B. T.aIBatc.h ......,..,...,.......,..,.,. - . ' . .. 78a Billing Rote!Test SnrlnWSweIl Tem {InCluding mOisture conlenl and dry unit w¡¡lgnl determln01lons A, UndlslurbeO . . , . , , . ' , . . , . . , . , . , . . . . . . , . . . . , ' . $ 82 . B. Remolded, ,.,..,..,..".' ,.. ,..,...,..,.,.. 158 Strenath ¡om (Including mOisture cont&nl and dry un~ welgnt dele¡mlnoUON) [)r""rS/1Qcr. ~rPoln! A Undisturbed ......,.... ,. , , , . . ... , . . , . . , ., 49 B. Remold¡¡d . . . . . . . . . . . , . . , . . , . , . . , , . . . . . , .' 9~ Tnoxlcl Comb-reasM P'er Point A. UnceNOIldatGd, UndrOln<>d ,.,..,..,...,.,.. 1 28 B, UncensolldotaO, Undrained and Bcclæaturatlon . 217 C. Consclldcled, Undrained. . . . , . . , . . , . . ' . . . .. 233 O. Consclldated. Undroln¡¡d ond Back.saturo1ed ... 294 E. ConsolldateO. Drglnlõd ,. . . _ . . . . . , . . , . . . . , ,. 230 F, Pore Pre&$ure Meosuremanlz .,...........,... 76 ·G. RQmolded Specimens. Add. p", PoInl . . . . . . . . .. 56 !1ill;ÇJlned ComD"",.lon ' !CUñCllllurbed ......,....,..".,.....,',.," B2 B. Remelded . . . . . . . , . . , . . . , ... , . , . , - . . . , , . .. 130 consolldotlon lestl (Including moisture oonlgnl and dry un" weight determinations) A. UndlslulOGd .........,......".",."..., 195 B. Remolded _ . _ . . . . . . . , . _ . _ . . , , . . , . . . . . - , " 2S0 C. Time compression curve, Par Inclement. , , . . . ,. 49 AschDItIC Concrete A. Maximum Density. , . . . . . . . , . . , . , , , . . , . , . .' IOJ B.ExtIOO!Ion .._"............_,.."....'... 130 C. GrodaUon ......,......... - . . , . . . . . . , . .. 120