HomeMy WebLinkAboutReso 76-21 Approving Agreements for On -Call Special Inspection and Materials Testing Services with BSK Associates, Consolidated Engineering Laboratories, Construction Testing Services, Inc., and Geo
Reso. No. 76-21, Item 4.7, Adopted 06/15/2021 Page 1 of 1
RESOLUTION NO. 76 - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AGREEMENTS FOR ON-CALL SPECIAL INSPECTION AND MATERIALS
TESTING SERVICES
WHEREAS, on November 10, 2020, Staff issued a Request for Qualifications (RFQ) for
on-call special inspection and materials testing services; and
WHEREAS, the City received nine responses to the RFQ; and
WHEREAS, Staff reviewed and evaluated the statements of qualifications in accordance
with the RFQ rating criteria; and
WHEREAS, the City desires to enter into agreements with BSK Associates, Consolidated
Engineering Laboratories (CEL), Construction Testing Services, Inc. (CTS), and Geocon each
for a not-to-exceed amount of $500,000 over a three-year term for on-call special inspection and
materials testing services beginning July 1, 2021 through June 30, 2024; and
WHEREAS, the City also wishes to enter into agreements at a later date, for any of the
following firms which were reviewed and deemed qualified as part of the RFQ solicitation
process: Achievement Engineering Corp., Apex Testing Laboratories, Inc., CTC Cal, Inc.,
Inspection Services, Inc., and Smith-Emery San Francisco.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Agreements with BSK Associates, Consolidated Engineering Laboratories
(CEL), Construction Testing Services, Inc. (CTS), and Geocon, attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreements and make any necessary, non-substantive changes to carry out the intent of this
Resolution.
PASSED, APPROVED AND ADOPTED this 15th day of June 2021, by the following
vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
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CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
BSK ASSOCIATES
FOR
ON-CALL SPECIAL INSPECTION AND MATERIALS TESTING AND
ON-CALL GEOLOGY AND GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
BSK Associates (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the
“Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before 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 City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
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Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $500,000
for Special Inspection and Materials Testing and $500,000 for Geology and Geotechnical Engineering
services, for a total of $1,000,000, notwithstanding any contrary indications that may be contained in
Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement.
In the event of a conflict 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 only payments from City to Consultant for services rendered pursuant to this
Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice,
etc.;
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The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice
shall include an estimate of the time necessary to complete work described in
Exhibit A and the estimate of time necessary to complete work under any other
agreement between Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
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effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
Certificate of Liability Insurance in the amounts specified in the section; and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including without limitation, blanket contractual liability and the
use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
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CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
Certificate of Liability Insurance in the amounts specified in the section;
Additional Insured Endorsement as required by the section;
Waiver of Subrogation Endorsement as required by the section; and
Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
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4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 3 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 3 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
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4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time herein
required, City may, at its sole option exercise any of the following remedies, which are alternatives
to other remedies City may have and are not the exclusive remedy for Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such insurance from
any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that becomes due to
Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates
compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
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City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by the
Contract Administrator or this Agreement.
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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 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Page 12 of 14
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Page 13 of 14
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
BSK Associates
Tim Rodriguez, Northern Regional Manager
399 Lindbergh Avenue
Livermore, CA 94551
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, and D the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Page 14 of 14
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN BSK ASSOCIATES
Linda Smith, City Manager Tim Rodriguez, Northern Regional Manager
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3741365.1
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
Special Inspection and Materials Testing
Special Inspection firm shall be on the City of Dublin’s Building Department’s “Recognized Special
Inspection & Testing Agency” listed in all categories or be able to be added to the list prior to execution of
the agreement.
Laboratory shall be certified by the State of California to provide material testing for Federal Aid Projects.
Field and Laboratory Compaction Testing using Caltrans and ASTM methods.
Plant inspection.
Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar, Conduit,
Cables, etc.).
Public Works Inspection, as needed.
Firms will be required to sign and comply with the requirements of the City of Dublin Building and Safety
Division “Special Inspection and Testing Agreement”
https://dublin.ca.gov/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId= for
projects issued a Building Permit.
If a firm is hired by a developer to provide quality control or any other services, the firm will not be eligible to
provide third party quality assurance services to the City for the same project. This will apply to both public
and private projects.
Geology & Geotechnical Engineering Services
Provide geotechnical peer review of soils and geologic reports for private land development projects and
Capital Improvement Program projects
Provide testing and field observations
Attend meetings as required
Knowledge of Caltrans Standard Plans and Specifications is required
Provide geologic and/or geotechnical engineering technical peer reviews of development projects to be
reviewed and may include, but are not limited to:
Preparation of geotechnical and geologic reports
Slope stability calculations
Grading plans and proposed remedial grading plans
Site improvement plans, retaining wall plans and calculations, creek stabilization plans
Storm Water Pollution Prevention Plans (SWPPP)
Geologic Hazard Abatement District (GHAD) proposals and plans of control, interim grading reports and
record drawings, geologic and/or geotechnical engineering observations during remedial grading, field
inspections, project coordination and meetings with City Staff and developer’s consultants. Geotechnical
engineering services for a variety of Public Works projects, Capital Improvement Program projects and/or
maintenance projects including roads, drainage, and other public facilities, and other tasks associated with
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit A – Page 2 of 2
Public Works infrastructure design, construction, and/or operation as assigned and directed by the City
Engineer.
Provide or sub-contract/sub-consult the following environmental sampling/analysis services:
Perform shallow soil sampling and analysis to pre-characterize the materials for off-site disposal purposes
and prepare a Summary Letter.
Prepare a site specific Health & Safety Plan (HASP), as necessary.
Examples of soil samples analyses are, but not limited to:
Total petroleum hydrocarbons as gasoline (TPHg), TPH as diesel (TPHd), and TPH as motor oil (TPHmo)
by EPA Method 8015 using silica gel clean-up where appropriate.
Volatile Organic Compounds (VOCs) by EPA Method 8260B.
Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270B.
Organochlorine pesticides & PCBs by EPA Method 8081A/8082.
Total CAM 17 metals by appropriate EPA Methods.
Total hexavalent chromium.
Total Asbestos by CARB 435.
MATERIALS LABORATORY TESTS
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Special Inspection and Materials Testing
PERSONNEL RATES
PROFESSIONAL STAFF TECHNICAL STAFF (PREVAILING WAGE)
Principal $ 248.00 Field Supervisor $ 171.00
Senior Professional $ 221.00 Group 1 - Special Inspector $ 149.00
Project Professional II $ 204.00 Group 2 - Special Inspector $ 142.00
Project Professional I $ 171.00 Group 3 - Engineering Technician $ 129.00
Staff Professional II $ 154.00 Group 4 - Technician $ 112.00
Staff Professional I $ 138.00 Ground Penetrating Radar Scanning Technician $ 289.00
Seismic GIS $ 193.00 Core Drilling Technician $ 210.00
GIS Specialist $ 138.00 Floor Flatness Testing Technician $ 189.00
Information Specialist II $ 154.00 Sample Pickup / Transportation / Delivery $ 108.00
Information Specialist I $ 138.00 Laboratory Technician $ 108.00
CAD $ 100.00 Administrative Assistant / Clerical $ 86.00
Project Administrator $ 95.00 Litigation support 1.5x standard rate
EQUIPMENT BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Nuclear Gauge (Day) $ 61.00 Field Work from 0 to 4 hours Bill 4 hours
Ultrasonic Weld Equipment (Day) $ 61.00 Field Work from 4 to 8 hours Bill 8 hours
Torque Wrench (Day) $ 61.00 Field Work over 8 hours / Saturdays Bill time and a half
Proof Load Equipment (Day) $ 61.00 Sundays, holidays and over 12 hours Bill double time
Rebar Locator / Pachometer $ 110.00 Swing shift (4:00pm to Midnight) Add $20.00 per hour
Hand Auger (Day) $ 221.00 Graveyard Shift Add $30.00 per hour
Water Meter (Day) $ 56.00 Show-up time (no work performed) Bill 2 hours
Drilling Kit - Paint, stakes and lath - (Project) $ 29.00 Sampling or cylinder pickup, minimum charge Bill 2 hours
Drilling Supplies - Reuse of tubes/caps (Project) $ 276.00
Manometer (Day) $ 221.00 DIR/PREVAILING WAGE ADMINISTRATION FEES (MONTHLY)
Double Ring Infiltrometer (Day) $ 551.00 Certified Payroll / DIR Upload $ 300.00
Non-Performance Certified Payroll / DIR Upload $ 100.00
ANALYSIS SOFTWARE USAGE FEES Subcontractor Management / Compliance Forms $ 100.00
gINT (Project) $ 56.00 Additional LCP Tracker or Other Compliance Software $ 200.00
LPile (Project) $ 56.00 Additional Special Forms, as required $ 150.00
APile (Project) $ 56.00
SHAFT (Project) $ 56.00 REIMBURSABLES
GROUP (Project) $ 110.00 Mileage (Portal to Portal) Included
Cliq (Project) $ 56.00 Per Diem (as required) Not Applicable
LiquefyPro (Project) $ 56.00 Bridge Toll Not Applicable
LiqIT (Project) $ 56.00 Parking Fees Not Applicable
NovoLIQ (Project) $ 56.00 Subconsultant/Subcontractor Services, Vendors, and Expenses Cost + 10%
Slide (Project) $ 110.00
Settle3D (Project) $ 110.00
ArcGIS (Project) $ 56.00
EZ-FRISK (Per Project Site / Site Class) $ 525.00
SOILS
Moisture Density Curves California Bearing Ratio (CBR)
Standard Proctor, 4" (ASTM/AASHTO) $ 256.00 CBR at 100% (ASTM D1883 or AASHTO T-180) $ 557.00
Modified Proctor, 4" Mold (ASTM/AASHTO) $ 256.00 CBR at 95% (ASTM D1883 or AASHTO T-180) $ 1,079.00
Modified Proctor, 6" mold (ASTM D1557) $ 272.00
Caltrans Maximum Wet Density (CT 216) $ 233.00 Permeability Tests
Check Point $ 148.00 Rigid Wall Permeability (ASTM D2434) $ 307.00
Flexible Wall Permeability (ASTM D5084) $ 478.00
Particle Size Analysis
Sieve Analysis w/ Wash (ASTM D422) $ 185.00
Remolded Flexwall Perm (ASTM D5084) $ 608.00
Minus #200 Wash, Soil (ASTM D1140) $ 90.00 Soil Corrosivity Tests
Hydrometer Analysis (ASTM D422) $ 244.00 Minimum Resistivity of Soils (CT 643) $ 153.00
Double Hydrometer (ASTM D4221) $ 340.00 pH $ 71.00
Specific Gravity of Soil (ASTM D854) $ 174.00 Soluble Sulfate, Chloride and Sulfide $ 142.00
Visual Classification (ASTM D2488) $ 47.00 Oxidation Reduction of Soil $ 61.00
Sand Equivalent (ASTM D2419) $ 137.00
% Organics in Soil (ASTM D2974) $ 149.00 Soil Cement Tests
Freeze Thaw Abrasion (ASTM D560) $ 681.00
Atterberg Limits / Swell Tests Wetting-Drying Abrasion (ASTM D559) $ 647.00
Plasticity Index (ASTM D4318) $ 238.00 Preparation of Freeze-Thaw or Wetting-Drying Tests $ 818.00
Shrinkage Limits of Soils (ASTM D427) $ 222.00 Soil Cement Compression (ASTM D1633) $ 261.00
Expansion Index of Soils (UBC No. 29) $ 256.00 Cement Content Soil Cement (ASTM C1084) $ 261.00
Moisture Density Test Other
Tube Density $ 54.00 Sample Preparation $ 71.00
Moisture Content of Soils (ASTM D2216) $ 47.00 Crumb Test Disperstion (ASTM D6572) $ 85.00
Pinhole Dispersion Test (ASTM) $ 272.00
"R" Value Determination
R-Value of Soils (CT 301)$ 432.00
Sand Density Calibration (ASTM D1566) $ 102.00
R-Value of Treated Materials (CT 301))
Consolidation Tests
$ 478.00 Unconfined Compression
Unconfined Compression (ASTM D2166) $ 137.00
Consolidation (ASTM D2435) $ 455.00 Shear Tests
Consolidation , Extra Points (ASTM D2435) $ 61.00 Direct Shear, Undisturbed (ASTM D3080) $ 238.00
Collapse Potential of Soils (ASTM D2435) $ 222.00 Direct Shear, Remolded (ASTM D3080) $ 285.00
Remolded Consolidation (ASTM D2435) $ 386.00 Triaxial Compression Testing QUOTE
One-Dimen Swell of Soil (ASTM D4546) $ 142.00
Consulting Services Agreement between City of Dublin and
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng
Last revised 07/01/2021
Exhibit B – Page 1 of 4
MATERIALS L ABORATORY TESTS
AGGREGATES CONCRETE
Sieve Analysis Coarse or Fine (ASTM C136) $ 90.00 Cement Content Concrete (ASTM C1084) $ 410.00
Sieve Analysis w/ Fineness Modulus $ 97.00 Chemical Test (ASTM C150) QUOTE
Minus 200 Wash, Aggregates (ASTM C117) $ 90.00 Set Times Cement-Vicat Needle (ASTM C191) $ 340.00
Specific Gravity/Absorption (ASTM C127) $ 174.00 Specific Gravity of Hydraulic Cement (ASTM C191) $ 164.00
Specific Gravity/Absorption (ASTM C128) $ 174.00 Lineal Shrinkage Set of 3 (ASTM C157) $ 432.00
Organic Impurities (ASTM C40) $ 90.00 Compression Test of Concrete - 1 (ASTM C39) $ 37.00
% Lumps/Friable Particles (ASTM C142) $ 88.00 Compression Test of Concrete - 4 (ASTM C39) $ 148.00
% Flat and Elongated (ASTM D4791) $ 137.00 Compression Test of Core (ASTM C42) $ 66.00
Fine Aggregate Angularity (AASHTO 304) $ 88.00 Preparation of Specimens, Sawing $ 74.00
Moisture Content (ASTM D2216) $ 47.00 Compressive Strength of Shotcrete Panel $ 347.00
Aggregate Wt., pcf Compacted (ASTM C29) $ 85.00 Proportion of Cement in Concrete (ASTM C85) $ 380.00
Aggregate Wt., pcf Loose (ASTM C29) $ 71.00 Flexural Test Per Beam (ASTM C78) $ 97.00
Abrasion by LA Rattler, Small Size (ASTM C131) $ 256.00 Splitting Tensile Strength of Concrete (ASTM C496) $ 97.00
Abrasion by LA Rattler, Large Size (ASTM C131) $ 312.00 Unit Weight Lt Wt Concrete (ASTM C567) $ 61.00
Sodium Sulfate Soundness, Per Sieve (ASTM C88) $ 119.00 "AZ" Test-Reinforced Concrete Pipe "Life Factor" $ 85.00
Sodium Sulfate Soundness, Min. Charge (ASTM C88) $ 380.00 9 Pt Core Measurements, Each (ASTM C174) $ 37.00
Relative Mortar Strength of Sand (ASTM C87) $ 465.00 Compressive Strength of Gunite $ 66.00
Sand Equivalent (ASTM D2419 OR CT 217-I) $ 137.00 Concrete Trial Batches QUOTE
Durability Index (CT 229) $ 272.00 Unit Weight & Abs Concrete (ASTM D642) $ 137.00
Potential Reactivity of Aggregates QUOTE Accelerated Curing of Concrete (ASTM C684) $ 272.00
Cleanness Value of Aggregate (CT 227) $ 196.00 Cylinder Molds (each) $ 7.00
Hydrometer (ASTM D422 OR CT 205-E) $ 244.00 Storage of Concrete Cylinders for more than 45 Days $ 63.00
% Crushed particles (CT 205) $ 180.00 RH Probe $ 63.00
Lightweight Pieces (ASTM 123) $ 238.00 Calcium Chloride Kit $ 42.00
Mixing Water (pH, elec. conductance, chloride, sulfate) $ 108.00
HOT MIX ASPHALT Contact Soil (pH, elec. conductance, chloride, sulfate) $ 130.00
Mix Design, HVEEM $ 3,373.00
Mix Design, Marshall $ 3,997.00 MASONRY
JMF Mix Design, Superpave / Caltrans $ 9,739.00 Concrete Masonry Units Testing (ASTM C90)
JMF Verification - HMA - Superpave / Caltrans $ 5,644.00 Compression Test Pavers, Single $ 84.00
JMF Production Startup - Superpave / Caltrans $ 5,250.00 Compression Test Composit CMU Prism $ 180.00
RAP Material Testing - Additional Fee $ 683.00 Specific Gravity and Unit Weight $ 125.00
Rubberized RHMA Material - Additional Fee $ 1,575.00 Moisture Content $ 58.00
Hamburg Wheel Track (AASHTO T324) $ 2,862.00 Compression Test, Masonry Units (ASTM C140) $ 113.00
Gyratory Compaction (AASHTO T312) $ 364.00 Absorption / Moisture Content (ASTM C140) $ 113.00
AC Content by Centrifuge (ASTM D2172) $ 312.00 Linear Shrinkage (ASTM C426) $ 438.00
AC / Ash Correction (ASTM D2172 / CT382) $ 312.00 Masonry Core Shear Test (Title 24) $ 119.00
AC Content-Ignition (ASTM D6307 / CT382 / AASHTO T308) $ 244.00 Masonry Core Compression/Shear Test (Title 24) $ 204.00
Moisture Content of Asphalt (CT 370) $ 71.00 Compression Test Brick, Each (ASTM C67) $ 85.00
Gradation/Extraction Aggregate (ASTM D5444) $ 148.00 Absorption/ Unit Wt. of Brick (ASTM C67) $ 85.00
Film Stripping $ 97.00 Compression Test Grout (Set of 3 or 4) $ 130.00
Compaction/Preparation of HMA Briquette (CT 304) $ 238.00 Compression Test Mortar (Set of 3 or 4) $ 119.00
Stabilometer Value (CT 366 / AASHTO T246) $ 191.00
AC Core Specific Gravity (ASTM D2726) $ 61.00 WELDING AND STRUCTURAL STEEL
AC Core Specific Gravity - Paraffin Coated (AASHTO T275) $ 167.00 Welder Qualification Testing
AC Max Density Rice Method (ASTM D2041) $ 272.00 Welder / Procedure Welder Qualification Testing QUOTE
Tensile Strength Ratio (AASHTO T283) $ 1,193.00 Face Bend of Steel $ 66.00
Moisture Vapor Susceptibility (CT 307) $ 222.00 Root Bend of Weld Coupon $ 66.00
AC Surface Abrasion (CT 360) $ 545.00 Side Bend of Weld Coupon $ 66.00
Index Retained Strength (ASTM D1074-D1075) $ 488.00 Tensile Test of Steel Coupon $ 90.00
AC Hveem Maximum Density (CT 375) $ 488.00 Bend Test of Steel Coupon $ 78.00
Marshall Stability and Flow (ASTM D6927) $ 272.00 Machining Charges (Per Coupon) QUOTE
Calculated AC Maximum Density (CT 367) $ 108.00 Brinell Hardness of Steel (ASTM E10) $ 108.00
Marshall Maximum Density, 50 Blows (ASTM D6926) $ 317.00 Rockwell Hardness of Steel (ASTM E18) $ 108.00
Examination of AC Cores $ 37.00 Bolt Ultimate Load $ 153.00
Thickness Determination of AC Cores $ 24.00 Bolt Hardness (set of 3) $ 108.00
AC Tensile-Strength Premixed ASTM D4867 $ 705.00 Nut Hardness (set of 3) $ 108.00
AC Tensile-Strength Lab Mixed ASTM D4867 $ 830.00 Washer Hardness (set of 3 $ 108.00
REINFORCING STEEL
Proof Loading, bolt or nut $ 153.00
Tensile & Bend of Rebar, #3 - #8 $ 161.00 FIREPROOFING
Tensile & Bend of Rebar, #9 - #11 $ 161.00 Cohesion/Adhesion Fireproofing Materials $ 137.00
Bend Test of Rebar $ 66.00 Dry Density Fireproofing (ASTM E605) $ 103.00
Slip and Tensile Rebar Couplers (CT 670) $ 233.00
Tension Test of Welded Wire Fabric QUOTE
Bend Test of Welded Wire Fabric QUOTE
Weld Shear Test, Welded Wire Fabric QUOTE
PT Cable Tensile and Elongation (ASTM A416 or A421) $ 295.00
PT Cable Preparation QUOTE
Escalation: Subject to the approval by the City of Dublin, the billing rates presented herein will be subject to an annual escalation rate equal to the Consumer Price
Index (CIP) for the San Francisco Bay area or 3%, whichever is lower, effective each July 1st after the first year of the execution of the agreement for this contract.
Consulting Services Agreement between City of Dublin and
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng
Last revised 07/01/2021
Exhibit B – Page 2 of 4
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Geology and Geotechnical Engineering
PROFESSIONAL STAFF TECHNICAL STAFF (PREVAILING WAGE)
Principal
Senior Professional
Project Professional II
Project Professional I
Staff Professional II
Staff Professional I
Seismic GIS
GIS Specialist
Information Specialist II
Information Specialist I
CAD
$ 248.00
$ 221.00
$ 204.00
$ 171.00
$ 154.00
$ 138.00
$ 193.00
$ 138.00
$ 154.00
$ 138.00
$ 100.00
Field Supervisor
Group 1 - Special Inspector
Group 2 - Special Inspector
Group 3 - Engineering Technician
Group 4 - Technician
Ground Penetrating Radar Scanning Technician
Core Drilling Technician
Floor Flatness Testing Technician
Sample Pickup / Transportation / Delivery
Laboratory Technician
Administrative Assistant / Clerical
$ 171.00
$ 149.00
$ 142.00
$ 129.00
$ 112.00
$ 289.00
$ 210.00
$ 189.00
$ 108.00
$ 108.00
$ 86.00
Project Administrator $ 95.00 Litigation support 1.5x standard rate
EQUIPMENT BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Nuclear Gauge (Day)
Ultrasonic Weld Equipment (Day)
Torque Wrench (Day)
Proof Load Equipment (Day)
Rebar Locator / Pachometer
Hand Auger (Day)
Water Meter (Day)
Drilling Kit - Paint, stakes and lath - (Project)
Drilling Supplies - Reuse of tubes/caps (Project)
Manometer (Day)
$ 61.00
$ 61.00
$ 61.00
$ 61.00
$ 110.00
$ 221.00
$ 56.00
$ 29.00
$ 276.00
$ 221.00
Field Work from 0 to 4 hours Bill 4 hours
Field Work from 4 to 8 hours Bill 8 hours
Field Work over 8 hours / Saturdays Bill time and a half
Sundays, holidays and over 12 hours Bill double time
Swing shift (4:00pm to Midnight) Add $20.00 per hour
Graveyard Shift Add $30.00 per hour
Show-up time (no work performed) Bill 2 hours
Sampling or cylinder pickup, minimum charge Bill 2 hours
DIR/PREVAILING WAGE ADMINISTRATION FEES (MONTHLY)
Double Ring Infiltrometer (Day) $ 551.00 Certified Payroll / DIR Upload
Non-Performance Certified Payroll / DIR Upload
$ 300.00
$ 100.00
ANALYSIS SOFTWARE USAGE FEES Subcontractor Management / Compliance Forms $ 100.00
gINT (Project)
LPile (Project)
APile (Project)
SHAFT (Project)
$ 56.00
$ 56.00
$ 56.00
$ 56.00
Additional LCP Tracker or Other Compliance Software
Additional Special Forms, as required
REIMBURSABLES
$ 200.00
$ 150.00
GROUP (Project)
Cliq (Project)
LiquefyPro (Project)
LiqIT (Project)
NovoLIQ (Project)
Slide (Project)
Settle3D (Project)
ArcGIS (Project)
EZ-FRISK (Per Project Site / Site Class)
$ 110.00
$ 56.00
$ 56.00
$ 56.00
$ 56.00
$ 110.00
$ 110.00
$ 56.00
$ 525.00
Mileage (Portal to Portal) Included
Per Diem (as required) Not Applicable
Bridge Toll Not Applicable
Parking Fees Not Applicable
Subconsultant/Subcontractor Services, Vendors, and Expenses Cost + 10%
SOILS
Moisture Density Curves
Standard Proctor, 4" (ASTM/AASHTO) $ 256.00
California Bearing Ratio (CBR)
CBR at 100% (ASTM D1883 or AASHTO T-180) $ 557.00
Modified Proctor, 4" Mold (ASTM/AASHTO) $ 256.00 CBR at 95% (ASTM D1883 or AASHTO T-180) $ 1,079.00
Modified Proctor, 6" mold (ASTM D1557) $ 272.00
Caltrans Maximum Wet Density (CT 216) $ 233.00 Permeability Tests
Check Point $ 148.00 Rigid Wall Permeability (ASTM D2434) $ 307.00
Flexible Wall Permeability (ASTM D5084) $ 478.00
Particle Size Analysis
Sieve Analysis w/ Wash (ASTM D422) $ 185.00
Remolded Flexwall Perm (ASTM D5084) $ 608.00
Minus #200 Wash, Soil (ASTM D1140) $ 90.00 Soil Corrosivity Tests
Hydrometer Analysis (ASTM D422) $ 244.00 Minimum Resistivity of Soils (CT 643) $ 153.00
Double Hydrometer (ASTM D4221) $ 340.00 pH $ 71.00
Specific Gravity of Soil (ASTM D854) $ 174.00 Soluble Sulfate, Chloride and Sulfide $ 142.00
Visual Classification (ASTM D2488) $ 47.00 Oxidation Reduction of Soil $ 61.00
Sand Equivalent (ASTM D2419) $ 137.00
% Organics in Soil (ASTM D2974) $ 149.00 Soil Cement Tests
Freeze Thaw Abrasion (ASTM D560) $ 681.00
Atterberg Limits / Swell Tests Wetting-Drying Abrasion (ASTM D559) $ 647.00
Plasticity Index (ASTM D4318) $ 238.00 Preparation of Freeze-Thaw or Wetting-Drying Tests $ 818.00
Shrinkage Limits of Soils (ASTM D427) $ 222.00 Soil Cement Compression (ASTM D1633) $ 261.00
Expansion Index of Soils (UBC No. 29) $ 256.00 Cement Content Soil Cement (ASTM C1084) $ 261.00
Moisture Density Test
Tube Density $ 54.00
Other
Sample Preparation $ 71.00
Moisture Content of Soils (ASTM D2216) $ 47.00 Crumb Test Disperstion (ASTM D6572) $ 85.00
Pinhole Dispersion Test (ASTM) $ 272.00
"R" Value Determination
R-Value of Soils (CT 301)$ 432.00
Sand Density Calibration (ASTM D1566) $ 102.00
R-Value of Treated Materials (CT 301))
Consolidation Tests
$ 478.00 Unconfined Compression
Unconfined Compression (ASTM D2166) $ 137.00
Consolidation (ASTM D2435) $ 455.00 Shear Tests
Consolidation , Extra Points (ASTM D2435) $ 61.00 Direct Shear, Undisturbed (ASTM D3080) $ 238.00
Collapse Potential of Soils (ASTM D2435) $ 222.00 Direct Shear, Remolded (ASTM D3080) $ 285.00
Remolded Consolidation (ASTM D2435) $ 386.00 Triaxial Compression Testing QUOTE
One-Dimen Swell of Soil (ASTM D4546) $ 142.00
MATERIALS LABORATORY TESTS
PERSONNEL RATES
Consulting Services Agreement between City of Dublin and
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng
Last revised 07/01/2021
Exhibit B – Page 3 of 4
MATERIALS LABORATORY TESTS
AGGREGATES CONCRETE
Sieve Analysis Coarse or Fine (ASTM C136) $ 90.00 Cement Content Concrete (ASTM C1084) $ 410.00
Sieve Analysis w/ Fineness Modulus $ 97.00 Chemical Test (ASTM C150) QUOTE
Minus 200 Wash, Aggregates (ASTM C117) $ 90.00 Set Times Cement-Vicat Needle (ASTM C191) $ 340.00
Specific Gravity/Absorption (ASTM C127) $ 174.00 Specific Gravity of Hydraulic Cement (ASTM C191) $ 164.00
Specific Gravity/Absorption (ASTM C128) $ 174.00 Lineal Shrinkage Set of 3 (ASTM C157) $ 432.00
Organic Impurities (ASTM C40) $ 90.00 Compression Test of Concrete - 1 (ASTM C39) $ 37.00
% Lumps/Friable Particles (ASTM C142) $ 88.00 Compression Test of Concrete - 4 (ASTM C39) $ 148.00
% Flat and Elongated (ASTM D4791) $ 137.00 Compression Test of Core (ASTM C42) $ 66.00
Fine Aggregate Angularity (AASHTO 304) $ 88.00 Preparation of Specimens, Sawing $ 74.00
Moisture Content (ASTM D2216) $ 47.00 Compressive Strength of Shotcrete Panel $ 347.00
Aggregate Wt., pcf Compacted (ASTM C29) $ 85.00 Proportion of Cement in Concrete (ASTM C85) $ 380.00
Aggregate Wt., pcf Loose (ASTM C29) $ 71.00 Flexural Test Per Beam (ASTM C78) $ 97.00
Abrasion by LA Rattler, Small Size (ASTM C131) $ 256.00 Splitting Tensile Strength of Concrete (ASTM C496) $ 97.00
Abrasion by LA Rattler, Large Size (ASTM C131) $ 312.00 Unit Weight Lt Wt Concrete (ASTM C567) $ 61.00
Sodium Sulfate Soundness, Per Sieve (ASTM C88) $ 119.00 "AZ" Test-Reinforced Concrete Pipe "Life Factor" $ 85.00
Sodium Sulfate Soundness, Min. Charge (ASTM C88) $ 380.00 9 Pt Core Measurements, Each (ASTM C174) $ 37.00
Relative Mortar Strength of Sand (ASTM C87) $ 465.00 Compressive Strength of Gunite $ 66.00
Sand Equivalent (ASTM D2419 OR CT 217-I) $ 137.00 Concrete Trial Batches QUOTE
Durability Index (CT 229) $ 272.00 Unit Weight & Abs Concrete (ASTM D642) $ 137.00
Potential Reactivity of Aggregates QUOTE Accelerated Curing of Concrete (ASTM C684) $ 272.00
Cleanness Value of Aggregate (CT 227) $ 196.00 Cylinder Molds (each) $ 7.00
Hydrometer (ASTM D422 OR CT 205-E) $ 244.00 Storage of Concrete Cylinders for more than 45 Days $ 63.00
% Crushed particles (CT 205) $ 180.00 RH Probe $ 63.00
Lightweight Pieces (ASTM 123) $ 238.00 Calcium Chloride Kit $ 42.00
Mixing Water (pH, elec. conductance, chloride, sulfate) $ 108.00
HOT MIX ASPHALT Contact Soil (pH, elec. conductance, chloride, sulfate) $ 130.00
Mix Design, HVEEM $ 3,373.00
Mix Design, Marshall $ 3,997.00 MASONRY
JMF Mix Design, Superpave / Caltrans $ 9,739.00 Concrete Masonry Units Testing (ASTM C90)
JMF Verification - HMA - Superpave / Caltrans $ 5,644.00 Compression Test Pavers, Single $ 84.00
JMF Production Startup - Superpave / Caltrans $ 5,250.00 Compression Test Composit CMU Prism $ 180.00
RAP Material Testing - Additional Fee $ 683.00 Specific Gravity and Unit Weight $ 125.00
Rubberized RHMA Material - Additional Fee $ 1,575.00 Moisture Content $ 58.00
Hamburg Wheel Track (AASHTO T324) $ 2,862.00 Compression Test, Masonry Units (ASTM C140) $ 113.00
Gyratory Compaction (AASHTO T312) $ 364.00 Absorption / Moisture Content (ASTM C140) $ 113.00
AC Content by Centrifuge (ASTM D2172) $ 312.00 Linear Shrinkage (ASTM C426) $ 438.00
AC / Ash Correction (ASTM D2172 / CT382) $ 312.00 Masonry Core Shear Test (Title 24) $ 119.00
AC Content-Ignition (ASTM D6307 / CT382 / AASHTO T308) $ 244.00 Masonry Core Compression/Shear Test (Title 24) $ 204.00
Moisture Content of Asphalt (CT 370) $ 71.00 Compression Test Brick, Each (ASTM C67) $ 85.00
Gradation/Extraction Aggregate (ASTM D5444) $ 148.00 Absorption/ Unit Wt. of Brick (ASTM C67) $ 85.00
Film Stripping $ 97.00 Compression Test Grout (Set of 3 or 4) $ 130.00
Compaction/Preparation of HMA Briquette (CT 304) $ 238.00 Compression Test Mortar (Set of 3 or 4) $ 119.00
Stabilometer Value (CT 366 / AASHTO T246) $ 191.00
AC Core Specific Gravity (ASTM D2726) $ 61.00 WELDING AND STRUCTURAL STEEL
AC Core Specific Gravity - Paraffin Coated (AASHTO T275) $ 167.00 Welder Qualification Testing
AC Max Density Rice Method (ASTM D2041) $ 272.00 Welder / Procedure Welder Qualification Testing QUOTE
Tensile Strength Ratio (AASHTO T283) $ 1,193.00 Face Bend of Steel $ 66.00
Moisture Vapor Susceptibility (CT 307) $ 222.00 Root Bend of Weld Coupon $ 66.00
AC Surface Abrasion (CT 360) $ 545.00 Side Bend of Weld Coupon $ 66.00
Index Retained Strength (ASTM D1074-D1075) $ 488.00 Tensile Test of Steel Coupon $ 90.00
AC Hveem Maximum Density (CT 375) $ 488.00 Bend Test of Steel Coupon $ 78.00
Marshall Stability and Flow (ASTM D6927) $ 272.00 Machining Charges (Per Coupon) QUOTE
Calculated AC Maximum Density (CT 367) $ 108.00 Brinell Hardness of Steel (ASTM E10) $ 108.00
Marshall Maximum Density, 50 Blows (ASTM D6926) $ 317.00 Rockwell Hardness of Steel (ASTM E18) $ 108.00
Examination of AC Cores $ 37.00 Bolt Ultimate Load $ 153.00
Thickness Determination of AC Cores $ 24.00 Bolt Hardness (set of 3) $ 108.00
AC Tensile-Strength Premixed ASTM D4867 $ 705.00 Nut Hardness (set of 3) $ 108.00
AC Tensile-Strength Lab Mixed ASTM D4867 $ 830.00 Washer Hardness (set of 3 $ 108.00
REINFORCING STEEL
Proof Loading, bolt or nut $ 153.00
Tensile & Bend of Rebar, #3 - #8 $ 161.00 FIREPROOFING
Tensile & Bend of Rebar, #9 - #11 $ 161.00 Cohesion/Adhesion Fireproofing Materials $ 137.00
Bend Test of Rebar $ 66.00 Dry Density Fireproofing (ASTM E605) $ 103.00
Slip and Tensile Rebar Couplers (CT 670) $ 233.00
Tension Test of Welded Wire Fabric QUOTE
Bend Test of Welded Wire Fabric QUOTE
Weld Shear Test, Welded Wire Fabric QUOTE
PT Cable Tensile and Elongation (ASTM A416 or A421) $ 295.00
PT Cable Preparation QUOTE
Escalation: Subject to the approval by the City of Dublin, the billing rates presented herein will be subject to an annual escalation rate equal to the Consumer Price
Index (CIP) for the San Francisco Bay area or 3%, whichever is lower, effective each July 1st after the first year of the execution of the agreement for this contract.
Consulting Services Agreement between City of Dublin and
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng
Last revised 07/01/2021
Exhibit B – Page 4 of 4
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit C – Page 1 of 2
EXHIBIT C
INDEMNIFICATION
PROFESSIONAL ENGINEER
A.Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B.With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C.Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D.Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
TECHNICAL CONSULTANT
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit C – Page 2 of 2
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit D – Page 2 of 3
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
BSK Associates for Special Insp & Materials Testing, Geology & Geotech Eng Exhibit D – Page 3 of 3
Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1
Consulting Services Agreement between City of Dublin and 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
CONSOLIDATED ENGINEERING LABORATORIES
FOR
ON-CALL SPECIAL INSPECTION AND MATERIALS TESTING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Consolidated Engineering Laboratories (CEL) (“Consultant”) (together sometimes referred to as the
“Parties”) as of July 1, 2021 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before 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 City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consulting Services Agreement between City of Dublin and 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Page 2 of 15
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $500,000,
notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict 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 only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
Consulting Services Agreement between City of Dublin and 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Page 3 of 15
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
Consulting Services Agreement between City of Dublin and 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Page 4 of 15
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
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THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
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CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
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omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy.
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
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such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
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same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
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belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Consolidated Engineering Laboratories
2001 Crow Canyon Rd, Suite 200
San Ramon, CA 94583
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, and D the entire and integrated agreement
between City and Consultant and supersedes all prior negotiations, representations, or
agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
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10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN CONSOLIDATED ENGINEERING
LABORATORIES
Linda Smith, City Manager Rob Morse, Senior Vice President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit A – Page 1 of 1
EXHIBIT A
SCOPE OF SERVICES
Special Inspection and Materials Testing
Special Inspection firm shall be on the City of Dublin’s Building Department’s “Recognized Special
Inspection & Testing Agency” listed in all categories or be able to be added to the list prior to execution of
the agreement.
• Laboratory shall be certified by the State of California to provide material testing for Federal Aid
Projects.
• Field and Laboratory Compaction Testing using Caltrans and ASTM methods.
• Plant inspection.
• Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar,
Conduit, Cables, etc.).
• Public Works Inspection, as needed.
• Firms will be required to sign and comply with the requirements of the City of Dublin Building and
Safety Division “Special Inspection and Testing Agreement”
https://dublin.ca.gov/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId=
for projects issued a Building Permit.
• If a firm is hired by a developer to provide quality control or any other services, the firm will not be
eligible to provide third party quality assurance services to the City for the same project. This will
apply to both public and private projects.
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit B – Page 1 of 4
SPECIALIZED SERVICES UNIT RATE UNIT
Pachometer $115.00 hour
In-Place Brick Shear Tests (Masonry) -
Two-Person Crew (4-hour minimum)
$210.00 hour
Ground Penetrating Radar (GPR)
- One Man Crew $215.00 hour
- Two Man Crew $300.00 hour
Floor Flatness Testing:
- Surveying/Inspection $170.00 hour
Phased Array Technician $135.00 hour
Profileograph Technician $135.00 hour
Profileograph Equipment Quote on Request
CORING SERVICES UNIT RATE UNIT
Coring Machine Operator $145.00 hour
Helper (add per hour) $95.00 hour
Diamond Drill Bit Charges, per inch to 5” $8.00 inch
Diamond Drill Bit Charges, per inch 6” and
over
Quote on Request
CONCRETE UNIT RATE UNIT
Concrete Mix Design Review $250.00 each
Trial Batches, Prepared in Laboratory C192 $900.00 each
Length Change of Concrete (Shrinkage),
set of 3, ASTM C157, CT 530
$395.00 each
Compression, 6X12 Cylinders, ASTM C 39,
CT 521
$35.00 each
Compression 4x8 Cylinders ASTM C 39 $35.00 each
Compression, Core (including end prepara-
tion), ASTM C 42
$95.00 each
Compression, 3X6 Cylinders Lightweight
Insulating Concrete, ASTM C 495
$75.00 each
Grout Compression, 2X2 Cubes, each age,
ASTM C 109
$60.00 each
Epoxy Grout 2x2 Cube Compression ASTM
C 579
$60.00 each
Cylinders, Stored 60 days (hold cylinders) $35.00 each
Splitting TensileStrength, 6X12 Cylinders,
ASTM C 496
$125.00 each
Unit Weight of Concrete Cylinders, ASTM
C 567
$85.00 each
Unit Weight of Lightweight Insulating
Concrete, ASTM C 495
$85.00 each
Compression Test of Lightweight Insulating
Concrete, ASTM C 495
$95.00 each
Flexural Strength of Concrete, ASTM C 78 $90.00 each
Shotcrete Pre-Production Panel Evaluation,
Up to 12” Thick
$1,200.00 each
Shotcrete Pre-Production Panel Evaluation,
12” to 24” Thick
$1,800.00 each
Shotcrete Panel Core Compression Test,
ASTM C 42
$90.00 each
Chloride Ion Content, AASHTO T260 $210.00 each
SOIL MECHANICS UNIT RATE UNIT
Moisture/Density Curve
Standard Proctor ASTM D 698 $315.00 each
Modified Proctor ASTM D 1557 $315.00 each
Checkpoint (ASTM or Caltrans) $165.00 each
California Impact, CT 216 $335.00 each
Rock Correction for Oversize Material,
ASTM D4718/CT216
$125.00 each
Sieve Analysis
Bulk Sample Gradation, ASTM C 136/C117/
CT202
$205.00 each
Material Finer than #200 Sieve, ASTM C 117 $100.00 each
Soil Mechanics
“R” Value, ASTM D 2844/CT 301 $440.00 each
Sand Equivalent, ASTM D 2419/CT 217 $130.00 each
Liquid Limit, Plastic Limit, & P.I. Atterberg
Limits ASTM D4318
$170.00 each
California Bearing Ratio, 1 pt. (ASTM
D1883)
$275.00 each
California Bearing Ratio, 3 pt. (ASTM
D1883)
$755.00 each
California Bearing Ratio, 3 pt. (ASTM
D1883) w/ 96 hour soak
$860.00 each
Moisture-Density Sample Tubes ASTM
D2937
$75.00 each
AGGREGATES UNIT RATE UNIT
Sieve Analysis, Bulk Sample Gradation
(Coarse & Fine), ASTM C136/C117/CT202
$195.00 each
Sieve Analysis, Material Finer than #200
Sieve, ASTM C 117/CT202
$95.00 each
Sieve Analysis, Coarse Agg (3” to #4),
ASTM C136/CT202
$170.00 each
Sieve Analysis, Fine Agg (#4 to #200),
ASTM C136/CT202
$170.00 each
Specific Gravity (Coarse), ASTM C 127/CT
206
$145.00 each
Specific Gravity (Fine), ASTM C 128/CT 207 $175.00 each
Absorption, Coarse Agg or Fine Agg ,
ASTM C 127/ASTM C 128
$105.00 each
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit B – Page 2 of 4
Uncompacted Void Content of Fine
Aggregate CT234
$160.00 each
Organic Impurities in Concrete Sand, ASTM
C 40/ CT213
$130.00 each
L.A. Rattler, ASTM C 131 or C535/CT 211
(500 rev)
$315.00 each
Clay Lumps & Friable Particles ASTM C142 $160.00 each
Fractured Particles in Coarse Agg ASTM
D5821
$175.00 each
Lightweight Particles in Aggregate ASTM
C123
$140.00 each
Staining of Lightweight Aggregate ASTM
C641
$265.00 each
Sulfate Soundness (per sieve size), ASTM
C 88
$140.00 each
Unit Weight of Aggregates, ASTM C 29 $115.00 each
Flat and Elongated Particles in Coarse
Aggregate, ASTM D4791
$190.00 each
% Crushed Particles, CT 205 $265.00 each
Cleanness Value, CT 227 $160.00 each
Sand Equivalent, ASTM D 2419/CT 217 $135.00 each
Durability Index (Coarse or Fine Agg)
ASTM D 3744/CT 229
$190.00 each
Moisture Content of Aggregate ASTM
C566
$55.00 each
Potential Alkali Reactivity of Aggregates
ASTM C1260
$1,000.00 each
C33 Coarse Aggregate Qualification
Testing (ASTM C33)
$3,150.00 each
C33 Fine Aggregate Qualification Testing
(ASTM C33)
$2,835.00 each
HOT MIX ASPHALT (HMA) UNIT RATE UNIT
Bulk Sp. Gravity of Compacted HMA (Plant
Mix) ASTM D2726/ CT 304, CT308
$100.00 each
Bulk Sp. Gravity of Compacted HMA (Lab
Mix) ASTM D2726/ CT 304, CT308
$110.00 each
Theoretical Max Spec. Gravity (Rice
Density) ASTM D2041/ CT 309
$175.00 each
Stabilometer Value including Compaction,
ASTM D1560/ CT 366, per point
$180.00 each
Asphalt Content (Ignition Oven Method)
ASTM D 6307/ CT382
$175.00 each
Ignition Oven Calibration Factor ASTM
D6307/ CT382
$285.00 each
Asphalt Content (Solvent Extraction
Method) ASTM D2172
$370.00 each
Sieve Analysis of Extracted Aggregate,
ASTM D5444/CT 202
$190.00 each
Caltrans Complete HMA Tests (Rice
or BSG, S-Value, Ignition, Extracted
Gradation)
$1,000.00 each
Marshall Compaction (Lab Mix), set of 3,
ASTM D 6926
$420.00 each
Marshall Compaction (Plant Mix), set of 3,
ASTM D 6926
$315.00 each
Marshall Flow and Stability, per point,
ASTM D 6926
$90.00 each
Effect of Moisture on AC (Tensile Strength
Ratio) ASTM D4867/ CT 371
$1,890.00 each
Swell of Bituminous Mixtures, CT 304/305 $235.00 each
ASPHALTIC CEMENT UNIT RATE UNIT
Penetration of Bituminous Materials at
77°F, ASTM D5/AASHTO T49
$75.00 each
Penetration of Bituminous Materials at
32°F to 158°F, ASTM D 5/AASHTO T49
$110.00 each
Kinematic Viscosity of Asphalt, ASTM D
2170/AASHTO T201
$180.00 each
Absolute Viscosity of Asphalt, ASTM
D2170/AASHTO T201
$180.00 each
Viscosity (Asphalt Institute Method) $205.00 each
Rolling Thin Film Test, ASTM 2872/Cal 346/
AASHTO T240
$190.00 each
Residue by Evaporation, ASTM D244/
AASHTO T59
$230.00 each
Extraction and Recovery, ASTM D2172/
ASTM D 1856
$895.00 each
MASONRY UNIT RATE UNIT
Concrete Blocks
Compression, Gross Area, ASTM C 140 $115.00 each
Compression, Gross Area, Unusual Shape,
ASTM C 67
$115.00 each
Compression, Net Area, ASTM C 140 $105.00 each
Absorption and Moisture, ASTM C 140 $160.00 each
Linear Shrinkage ASTM C 426 $170.00 each
Dimensional Measurement of Masonry
Units ASTM C 140
$70.00 each
Bricks
Absorption, with saturation Coefficient,
ASTM C 67
$115.00 each
Compression, ASTM C 67 $90.00 each
Modulus of Rupture, ASTM C 67 $40.00 each
Grout
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit B – Page 3 of 4
Compression, Grout Prisms, ASTM C 1019 $80.00 each
Compression, Mortar Cylinders, ASTM C
780
$60.00 each
Compression, Composite Prisms, ASTM C
1314
$195.00 each
Compression, Masonry Core, ASTM C 140 $110.00 each
Shear, Masonry Core, CCR Title 24 $125.00 each
REINFORCING STEEL - ASTM A 615/A706 UNIT RATE UNIT
Tensile Strength and Bend Test
Samples, Size #3 - #10 $110.00 each
Samples, Size #11 $135.00 each
Samples, Size #14 $225.00 each
Samples, Size #18 (Full Section) $475.00 each
STRUCTURAL STEEL (mild steel not over
one inch thick)
UNIT RATE UNIT
Tensile Strength, ASTM A 370 (test only)
Samples, Under 1-1/2 square inch in cross
section
$135.00 each
Samples, 1-1/2 square inch and over in
cross section
$185.00 each
Chemical Analysis $200.00 each
Bending $85.00 each
Anchor Bolts, ASTM F1554, tensile $200.00 each
High Strength Bolts, Nuts, and Washers, ASTM A 325, A 490, A
449
Bolt Assembly Test $275.00 each
Bolts Proof Load and Ultimate $110.00 each
Nuts Proof Load $60.00 each
Hardness (Rockwell) $30.00 each
WELDMENT TESTING (mild steel not over
one inch thick)
UNIT RATE UNIT
Transverse Tensile $135.00 each
Transverse Side Bend $100.00 each
Transverse Root and Face Bend $100.00 each
Macroetch $100.00 each
0.505” Tensile Specimen $135.00 each
Charpy V-Notch Specimen Quote on Request
Preparation of WPS, PQR, or Welder
Certificate
$125.00 each
NONDESTRUCTIVE TESTING UNIT RATE UNIT
Radiography
Radiographic Testing-Weld Procedure
Qualification (physical testing not includ-
ed)
$550.00 each
Consultation $130.00 hour
One-Person Crew $130.00 hour
Film $20.00 each
Magnetic Particle Level III (ASNT) $135.00 hour
Magnetic Particle Level II (ASNT) $130.00 hour
Ultrasonic Level III (ASNT) $135.00 hour
Ultrasonic Level II (ASNT) $130.00 hour
Dye Penetrant Level III (ASNT) $135.00 hour
Dye Penetrant Level II (ASNT) $130.00 hour
FIREPROOFING UNIT RATE UNIT
Density of Sprayed on Fireproofing, ASTM
E 605/UBC 43-8
$80.00 each
Cohesion/Adhesion, ASTM E 736 $75.00 each
CEMENT UNIT RATE UNIT
Storage of Grab Sample, 60 days $22.00 each
Cement Content of Hardened Concrete,
ASTM C 1084
$2,460.00 each
GFRC PANEL TEST UNIT RATE UNIT
Flexural Testing, per P.C.I Recommended
Practice
$71.00 each
Pullout Testing of Anchors, per P.C.I.
Recommended Practice
$116.00 each
Fiberwrap Testing (ASTM D3039) $610.00 set
SPECIALTY GEOTECHNICAL TESTING UNIT RATE UNIT
Sieve Analysis, Minus #200 by Wash ASTM
D1140
$85.00 each
Consolidation (ASTM D2435, D4546) $190.00 each
Time-Consolidation (ASTM D2435) $85.00 each
Collapse/Swell (ASTM D4546) $100.00 each
Unconfined Compressive Strength (ASTM
D2166)
$115.00 each
Direct Shear (3 pt.) $1,050.00 each
California Bearing Ratio, 1 pt. (ASTM
D1883)
$265.00 each
California Bearing Ratio, 3 pt. (ASTM
D1883)
$630.00 each
Water Soluble Sulfate $60.00 each
pH (ASTM D4972) $80.00 each
Lab Resistivity $100.00 each
BASIS OF CHARGES UNIT RATE UNIT
The proposed unit rates will be in effect through December 31,
2021. Thereafter, the unit rates are subject to an annual increase
of four and one-half percent (4.5%) per year to mitigate the
annual operating cost increases.
Work Over 8 Hours Per Day Time and One-Half
Work Over 12 Hours, Monday thru Friday Double Time
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit B – Page 4 of 4
Work on Saturdays Time and One-Half
Work Over 8 Hours on Saturday Double Time
Work on Sundays/Holidays Double Time
Swing or Graveyard Shift Premium $12.50 hour
Work from 0 to 4 Hours 4-Hour Min. Billing
Work from 4 to 8 Hours 8-Hour Min. Billing
Show-Up Time 2-Hour Min. Billing
Same-Day Service Call Requests $200.00 each
Sample Pick-Up $90.00 trip
Premium Sample Pick-Up (after 4 PM,
before 5 AM, Weekends and Holidays)
2x Sample Pick-Up
Rate
Trip Charge $75.00 trip
Laboratory Testing - Rush Fee Add 50% to Testing
Cost
Technician with Nuclear Gauge Portal-to-Portal
Final Affidavit per each Applicable Permit
(Request 6 working days in advance)
$400.00 each
DSA Interim Verified Reports $150.00 each
Extra Copies (Over 4 per Issue Date) of
Inspection Reports and Final Affidavit
$20.00 each
Reports on CD $150.00 each
Project Engineering and Management 7% of Fees
Credit Card Payment of Fees 2.5% Premium
Certified Payroll Processing $125.00 per invoice
Reimbursables Cost + 15%
QA/QC Plan Written Procedures Quote on Request
Out of Area Services (Beyond 40-Mile
Radius)
As Listed Below:
Travel Time Basic Hourly Rate
Mileage $0.60 mile
Per-diem, Including Lodging $120.00 day
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit D – Page 2 of 3
prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Consolidated Engineering Laboratories (CEL) for Special Insp & Materials Testing Exhibit D – Page 3 of 3
Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1
Consulting Services Agreement between City of Dublin and 07/01/2021
Construction Testing Services, Inc. for On-Call Special Inspection & Material Testing Svcs Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
CONSTRUCTION TESTING SERVICES, INC. FOR ON-CALL SPECIAL INSPECTION AND MATERIAL TESTING SERVICES
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Construction Testing Services, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of
July 1, 2021 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before 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 City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
Consulting Services Agreement between City of Dublin and 07/01/2021
Construction Testing Services, Inc. for On-Call Special Inspection & Material Testing Svcs Page 2 of 15
within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $500,000
notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict 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 only payments from
City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to
City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall
not bill City for duplicate services performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
Consulting Services Agreement between City of Dublin and 07/01/2021
Construction Testing Services, Inc. for On-Call Special Inspection & Material Testing Svcs Page 3 of 15
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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Construction Testing Services, Inc. for On-Call Special Inspection & Material Testing Svcs Page 4 of 15
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
Consulting Services Agreement between City of Dublin and 07/01/2021
Construction Testing Services, Inc. for On-Call Special Inspection & Material Testing Svcs Page 5 of 15
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non-owned automobiles.
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4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
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not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy. 4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
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Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. No policy required by this Section 4 shall include a “wasting”
policy limit (i.e. limit that is eroded by the cost of defense). 4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City’s business; and is
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customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
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creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
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8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
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the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
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understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Construction Testing Services, Inc.
Attn: Aaren Solis, Vice President
2118 Rheem Drive
Pleasanton, CA 94588
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
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10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN Construction Testing Services, Inc.
Linda Smith, City Manager Aaren Solis, Vice President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
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EXHIBIT A Scope of Services
Special Inspection and Materials Testing
Special Inspection firm shall be on the City of Dublin’s Building Department’s “Recognized Special
Inspection & Testing Agency” listed in all categories or be able to be added to the list prior to execution of
the agreement.
• Laboratory shall be certified by the State of California to provide material testing for Federal Aid
Projects.
• Field and Laboratory Compaction Testing using Caltrans and ASTM methods.
• Plant inspection.
• Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar,
Conduit, Cables, etc.).
• Public Works Inspection, as needed.
• Firms will be required to sign and comply with the requirements of the City of Dublin Building and
Safety Division “Special Inspection and Testing Agreement”
https://dublin.ca.gov/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId=
for projects issued a Building Permit.
• If a firm is hired by a developer to provide quality control or any other services, the firm will not be
eligible to provide third party quality assurance services to the City for the same project. This will
apply to both public and private projects.
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EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
Standard Discounted
* FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour Steel ICC $218.00 $95.00 AWS/Certified Welding Inspector (CWI) $223.00 $97.00 Nondestructive - UT, MT, PT $223.00 $97.00 Steel Visual/UT Combination $223.00 $97.00 Concrete ACI $218.00 $90.00 Concrete ICC $218.00 $95.00 Masonry $218.00 $95.00 Fireproofing $218.00 $95.00 Shear Wall Nailing/Framing/Hold Downs $218.00 $95.00 Soil Technician w/Nuclear Gauge and/or Sand Cone (portal -to-portal) $218.00 $105.00 Asphalt Technician (portal-to-portal) $218.00 $105.00 Shoring/Soldier Piers $218.00 $95.00 Roofing & Waterproofing $218.00
Multi-Disciplined Inspector $253.00
Inspector Requiring G1 Pay Grade $253.00
Specialty Inspector or Where Formal Certification is Required $218.00
Field Inspector with Special Enhancement $218.00
Safety Manager/Safety Inspector/Jobsite Safety Accountability
Supervisor (JSAS)
$500.00
Laboratory Technician $218.00 $75.00 Technician Typist $218.00 $50.00
**PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil/Structural) $353.00 $200.00 Geotechnical Engineer $303.00 $195.00 Professional Geologist $290.00
Consulting Engineer (Civil/Structural) $273.00
Associate Engineer, Licensed $248.00 $160.00 Project Manager $218.00 $125.00 Staff Engineer $218.00 $125.00 Field Supervision $193.00 $125.00 ASNT Level III $258.00 $150.00 Drafting $153.00
Quality Control Manager QOR
SPECIAL SERVICES
Portable and Mobile Laboratories, NDT and Soils QOR
* Epoxy Bolt/Expansion Anchor - Installation Observation $218.00 $95.00
* Epoxy Bolt/Expansion Anchor Proof Load Testing (portal-to-portal) $218.00 $95.00
* Coring, 1 Person (including equipment) (portal-to-portal) $278.00
* Coring, 2 Persons (including equipment) (portal-to-portal) $443.00 $350.00
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* Asphalt Coring (portal-to-portal) $303.00 $200.00 Project Research QOR
Ultrasonic Testing for Non-Metallic Materials QOR
Pavement Rehabilitation Analysis Using Deflections QOR
Roof Moisture Survey QOR
Soil Drilling Equipment QOR
Geotechnical Site Investigations/Foundation Reports QOR
Pachometer, Schmidt Hammer, Windsor Probe, Skidmore - Equipment Fee $115/Day (portal-to-portal)
$288.00
Floor Flatness Testing FF/FL - Equipment Fee $115/Day (portal-to-
portal)
$288.00
Measuring Moisture Vapor Emission Rate (Calcium Chloride) - $55/Kit
(portal-to-portal)
ASTM F1869 $288.00
Relative Humidity Testing - $75/Kit (portal-to-portal) ASTM F2170 $288.00
Ferroscan - Equipment Fee $115/day (portal-to-portal) $288.00
GPR - Equipment Fee $115/day (portal-to-portal) $343.00
Administration, Secretarial, Special Projects, Notary, Certified Payroll $163.00 $50.00 Concrete/Grout/Mortar Mix Design Review (less than 48 hours notice -
$500)
$345.00 $200.00
Welding Procedure Review (less than 48 hours notice - $500) $345.00 $200.00 Welder Qualification Test Record (WQTR) $250.00
DSA Interim Reports $178.00
Geotechnical Pad Letter (less than 48 hours notice - $550) $345.00
Final Letter (less than 48 hours notice - $550) $345.00 $250.00
EXPERT WITNESS TESTIMONY
Court appearance, per day $2,420.00
Court appearance, per half day $1,210.00
* Field inspection and laboratory technician services will be billed in accordance with minimums shown on Basis of Charges.
**Professional engineering services will be billed in two hour increments.
BASIS OF CHARGES
GENERAL
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering services will be
charged at applicable rates and will require travel and mileage charges for equipment transport and storage per code (portal
to portal) from the nearest CTS laboratory. Soils testing with nuclear gauge and/or sand cone equipment and inspections
requiring equipment will require applicable travel and mileage charges for equipment transport and storage per code (portal-
to-portal) from the nearest CTS laboratory. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request. With prior notification to Client; charges are subject to change at any time. Construction Testing
Services reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases
and/or changes in any industry requirements.
MINIMUM HOURLY CHARGES – INSPECTION
Technician personnel and the following minimum charges are contractual
commitment:
One-half day or less 4 Hours
Over one-half day 8 Hours
Show-up time (less than 2 hours notice = 4 hour charge) 2 Hours
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit B – Page 3 of 8
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pm Monday through Friday.
Premium time is as follows:
Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate
Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate
Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly
rate
Shift differential, swing and graveyard -
(Work performed between 2:00 pm and 4:00 am) 12.5%/hour additional to base or quoted rate.
MISCELLANEOUS CHARGES - Only Where Applicable
Notary Services Fee $40.00/each
Facsimile Charges. Plus $1.00/page (n/c for cover page) $7.00/minimum
Wireless Router/Data Card for Jobsite Internet $135.00/day
iPad Monthly Rental Fee $100.00/month
Electronic Reporting Fees/Subscriptions (PlanGrid, BIM, etc.) At Cost
Parking Fees At Cost
Air Travel Cost Plus 10%
Outside Services Cost Plus 20% Cost Plus 10%
Subsistence (per union contract) $130.00/day
Mileage Standard Federal
Rate
Sample Pickup $26.00/each $8.00/each Weekend Sample Pickup $105.00/each
Project Administration 12% /Monthly Inv Included in Rates Samples Made by Others: Concrete Cylinders $130 + Test
Samples Made by Others: All Other Tests $55.00 + Test
Laboratory Sample Witness Fee $130.00
Laboratory Sample Storage Fee (per sample) $120.00
EZ Cure Boxes (Thermostatically Controlled Curing Boxes) QOR
Returned Check Fee $150.00
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be charged at the
laboratory technician rate. Fees for tests not listed will be quoted upon request. There will be a minimum charge of $100.00
for any engineering report. Please note some tests may be tested by subconsultants. Samples delivered to the laboratory after 3:00pm or samples needing results within 24 hours will incur a 50% mark-up.
PAYMENT
Invoices will be submitted monthly for services performed during the preceding month and are payable on receipt. Interest of
1.5% per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not paid within 30
days, payment thereafter to be applied first to accrued interest and then to the principle unpaid amount.
CONCRETE AND MASONRY TESTS
Standard Discounted
CONCRETE Rate/Each Rate/Each Compressive Strength of Cylindrical Concrete Specimens (6x12) ASTM C39 $84.00 $40.00 Compressive Strength of Cylindrical Concrete Specimens (4x8) ASTM C39 $84.00 $40.00
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit B – Page 4 of 8
Compressive Strength of Cylindrical Concrete Specimens (Over 8000
PSI)
ASTM C39 $143.00
Cylinder molds. 6” x 12” and 4" x 8" ASTM C470 $72.00
Compressive Strength of Lightweight Insulating Concrete ASTM C495 $94.00
Obtaining and Testing Sawed Beams and Drilled Cores of Concrete (Cores) ASTM C42 $121.00
Flexural Toughness of Fiber Reinforced Concrete (Round Panel) ASTM C1550 $440.00
Flexural Strength of Concrete (Using Simple Beam with Third-Point
Loading)
ASTM C78 $308.00
Flex Beams per Caltrans Test Methods CT523 and CT524 $308.00
Length Change of Hardened Hydraulic-Cement Mortar and Concrete
(Shrinkage, 1 Sample)
ASTM C157 $150.00
Shotcrete Nozzleman Qualification Letter (Per Nozzleman, Per
Position)
ACI 506, ASTM
C42 and C1140
$440.00 $250.00
Shotcrete Pre-Qualification Cores (Compression and Visual) ACI 506, ASTM
C42 and C1140
$110.00 $60.00
Shotcrete Production Cores ASTM C1140 $110.00 $60.00 Coefficient of Thermal Expansion AASHTO T336 $535.00
Determining Density of Structural Lightweight Concrete (Cylinders) ASTM C567 $405.00
Standard Specification for Concrete Made by Volumetric Batching and
Mixing
ASTM C685 $965.00
Cement Quality Sampling CBC 2010 $667.00
Physical Testing of Gypsum, Gypsum Plasters and Gypsum Concrete ASTM C472 $55.00
Splitting Tensile Strength of Cylindrical Concrete Specimens ASTM C496 $253.00
Static Modulus of Elasticity and Poisson's Ratio of Concrete in
Compression
ASTM C469 $215.00
Grab Sample, Sealing and Storing in a Humidity and Temperature
Controlled Room
CBC $150.00
Density of Hydraulic Cement ASTM C188 $195.00
Testing of Controlled Low Strength Material (CLSM) Test Cylinders ASTM D4832 $150.00
GFRC Pull Test PCI $374.00
GFRC Flexural Test PCI $374.00
Foaming Agents for Use in Producing Cellular Concrete Using
Preformed Foam (Cell-Crete)
ASTM C796 $525.00
MASONRY
Compressive Testing of Grout (Masonry) ASTM C1019 $121.00 $55.00 Compressive Strength of Hydraulic Cement Mortars Using 2" Cube
Specimens
ASTM C109 $121.00 $55.00
Compressive Strength of Masonry Prisms ASTM C1314 $187.00 $110.00 Testing Concrete Masonry Units and Related Units (Core
Compression)
CBC 2105A.4 $187.00
Compressive Strength of Molded Masonry Mortar Cylinders and Cubes (2" Sample) ASTM C780 A7.6 $121.00 $55.00
Testing Concrete Masonry Units (CMU) and Related Units (Full Unit) ASTM C140 $184.00 $110.00 Linear Drying Shrinkage of Concrete Masonry Units (Per Unit) ASTM C426 $270.00
Masonry Core Shear Testing CBC 2105A.4 $270.00
Testing Concrete Masonry Units (Absorption, Moisture Content, Unit Weight) ASTM C140 $340.00 $250.00
Brick and Clay Tile (modulus of rupture, compression, saturation
coefficient, suction rate, efflorescence)*
ASTM C67 $1,000.00
Mortar Molds. 2” x 4”. Single Use $121.00
Mortar or Grout, Stored and Cured, Not Tested (Including Mold) $121.00
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit B – Page 5 of 8
Standard Discounted
AGGREGATES (SOILS AND CONCRETE) Rate/Each Rate/Each Determining Sieve Analysis of Fine and Coarse Aggregates (Coarse
Only)
CT202/ASTM
C136
$220.00 $125.00
Sieve Analysis of Fine and Coarse Aggregates (Fine Only) CT202/ASTM C136 $295.00 $150.00
Sieve Analysis of Fine and Coarse Aggregates (Wash Included) CT202/ASTM
C117
$370.00 $175.00
Sieve Analysis of Fine and Coarse Aggregates (200 Wash Only) ASTM
C117/D1140
$220.00 $125.00
Standard Test Methods for Particle-Size Distribution (Gradation) of
Soils Using Sieve Analysis
ASTM D6913 $350.00 $200.00
Evaluating Cleanness of Coarse Aggregate CT227 $370.00
Soundness of Aggregates by Use of Sodium Sulfate or Magnesium
Sulfate
ASTM C88/CT214 $275.00
Unit Weight of Aggregate CT212 $158.00
Clay Lumps and Friable Particles in Aggregates ASTM C142 $215.00
Flat Particles, Elongated Particles or Flat and Elongated Particles in
Coarse Aggregate
ASTM
D4791/CT235
$370.00
Organic Impurities in Fine Aggregates for Concrete CT213/ASTM C40 $336.00
Density, Relative Density(Specific Gravity), and Absorption of Coarse
Aggregate
ASTM
C127/CT206
$336.00
Density, Relative Density(Specific Gravity), and Absorption of Fine Aggregate ASTM C128/CT207 $336.00
Standard Test Methods for Specific Gravity of Soil Solids by Water
Pycnometer
ASTM D854 $336.00
Resistance to Degradation of Small Size Coarse Aggregate by
Abrasion and Impact in the Los Angeles Machine
ASTM C131(535)
and C211
$535.00 $300.00
Percentage of Crushed Particles/Standard Test Method for
Determining the Percentage of Fractured Particles in Coarse
Aggregate
ASTM
D5821/CT205
$405.00
Uncompacted Void Content of Fine Aggregate (as Influenced by
Particle Shape, Surface Texture, and Grading)
ASTM
C1252/AASHTO
T304A
$405.00
Sand Equivalent Value of Soils and Fine Aggregate ASTM
D2419/CT217
$270.00 $200.00
Durability Index (Fine) ASTM D3744/CT229 $405.00 $325.00
Durability Index (Coarse) ASTM
D3744/CT229
$405.00 $325.00
Durability Index (Fine and Coarse) ASTM D
3744/CT229
$405.00 $325.00
Lightweight Particles in Aggregate ASTM
C123/AASHTO
T113
QOR
Resistance of Rock to Wetting and Drying CRD-C169 $590.00
*Unusual sample preparation for brick specimen will be charged at the
established hourly rate.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit B – Page 6 of 8
SOILS, AGGREGATE, ASPHALTIC CONCRETE SERVICES & TESTS
Standard Discounted
SOILS Rate/Each Rate/Each Direct Shear Test of Soils Under Consolidated Drained Conditions ASTM D3080 $535.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils
(per point)
ASTM D4767 $1,000.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils
(added points)
ASTM D4767 $200.00
Consolidated Undrained Triaxial Compression Test for Cohesive Soils (single point) ASTM D4767 $325.00
One-Dimensional Consolidation Properties of Soils Using Incremental
Loading
ASTM D2435 $300.00
Caltrans Corrosivity Package $505.00
Determining Field and Laboratory Resistivity and pH Measurements
for Soil and Water
CT643 QOR
Soils and Waters for Sulfate Content CT417 QOR
Soils and Waters for Chloride Content CT422 QOR
Particle-Size Analysis of Soils (with Hydrometer) ASTM D422 $590.00
Pore Water Extraction and Determination of the Soluble Salt Content
of Soils by Refractometer
ASTM D4542 $625.00
Standard Test Method for Particle-Size Analysis of Soils (without
Hydrometer)
ASTM D422 $535.00
Liquid Limit, Plastic Limit, and Plasticity Index of Soils ASTM
D4318/CT204
$535.00 $300.00
Laboratory Compaction Characteristics of Soil Using Modified/Standard Effort ASTM D1557/D698 $502.00 $250.00
Hydrometer Only ASTM D422 $535.00
pH of Soils ASTM D4972 $467.00
Relative Compaction of Untreated and Treated Soils and Aggregates CT216 $590.00
Determining the Resistance "R" Value of Treated and Untreated Bases, Subbases, and Basement Soils by the Stabiliometer ASTM D2844/CT301 $590.00 $325.00
Laboratory Determination of Water(*moisture) Content of Soil and
Rock by Mass
ASTM
D2216/CT226
$150.00 $50.00
Density of Soil in Place by the Drive-Cylinder Method D2937 $116.00
Expansion Index of Soils ASTM D4829 $99.00
Hydraulic Conductivity of Saturated Porous Materials Using a Flexible Wall Permeameter (Permeability) ASTM D5084/CT220 $550.00
Lab Compaction Characteristics of Soil 1 Point Proctor (Check Point) ASTM
D698/D1557
$337.00
Maximum Index Density and Unit Weight of Soils Using a Vibratory Table ASTM D4253 $285.00
Minimum Index Density and Unit Weight of Soils and Calculation of
Relative Density
ASTM D4254 $285.00
Density of Hydraulic Cement ASTM C188 $253.00
Volatile Organic Content EPA 8260B QOR
Semi Volatile Organics by GC/Ms (Basic Target List) EPA 8270C QOR
Total Organic Carbon ASTM 2974/EPA
5310Bm
QOR
ICP Metals Concentration EPA 6020 -
CAM/CCR 17
QOR
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit B – Page 7 of 8
Total Extractable Petroleum Hydrocarbons: TPH, MTBE,
Benzene,Toluene, Ethylbenzene, Zylenes, %SS
EPA 8015B QOR
ICP Metals Concentration EPA 6020 QOR
pH EPA 9045D $535.00
Sequential Batch Extraction of Waste with Acidic Extraction Fluid ASTM D5284 QOR
Chromium Soluble EPA 7196A QOR
Moisture, Ash and Organic Matter of Peat and Other Organic Soils (Organic Content) ASTM D2974 $270.00
Universal Soil Classification System (USCS) Test ASTM D2487 $300.00
California Bearing Ratio Test ASTM D1883 $370.00
Unconfined Compressive Strength of Cohesive Soil ASTM
D2166/CT221
$187.00
ASPHALT
Quantitative Extraction of Bitumen from Bituminous Paving Mixtures
(Solvent)
ASTM
D2172/CT310
$732.00
Determining Low Temperature Performance Grade (PG) of Asphalt
Binders
ASTM 6816 QOR
Thickness/Height of Compacted Bituminous Paving Mixture Specimens (Cores) ASTM D3549/CT308 $270.00 $75.00
Method of Prep of Bituminous Mixture Test Specimens ASTM
D6926/CT304
$270.00
Bulk Specific Gravity and Density of Compacted Bituminous Mixtures
(LTMD)
ASTM D1188 and
D2726/CT308
$990.00 $450.00
Indirect Tensile (IDT) Strength of Bituminous Mixtures (TSR) ASTM
D6931/CT371
$3,146.00
Mechanical Size Analysis (Coarse and Fine) of Extracted Aggregate ASTM D5444/CT202 $405.00
Marshall Stability and Flow of Bituminous Mixtures ASTM D6927 $990.00
Theoretical Maximum Specific Gravity and Density (Rice) ASTM
D2041/CT309
$405.00 $250.00
Measuring the Permeability of Bituminous Pavements and Seal Coats CT341 QOR
Swell of Bituminous Mixtures CT305 $370.00
Moisture Vapor Susceptibility of Bituminous Mixtures/Moisture or
Volatile Distillates in Asphalt
ASTM
D1461/CT307
$930.00
Stabilometer Value (1 sample) CT366 $370.00 $275.00 Determination of Asphalt Content of Bituminous Paving Mixtures by the Ignition Method CT382/ASTM D6307 $405.00 $300.00
Determination of Correction Factor of Bituminous Paving Mixtures by
the Ignition Method
CT382/ASTM
D6307
$405.00 $300.00
Determination of Asphalt and Moisture Contents of Bituminous
Mixtures by Microwave Oven
CT370 $405.00 $300.00
Effect of Water on Compressive Strength of Compacted Bituminous Mixtures (Set of 6) ASTM D1075 $3,330.00
Compressive Strength of Bituminous Mixtures ASTM D1074 $270.00
Hamburg Wheel Track AASHTO T324 $3,630.00
Moisture Susceptibility AASHTO T283 $3,630.00
* Unusual sample preparation (dried clays, saturated clays, etc.) and all other tests for treated or untreated soils, aggregate
subbase and aggregate base will be charged at established rates for laboratory technician.
** Does not include sample preparation or sieve analysis
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit B – Page 8 of 8
Standard Discounted
MATERIALS MECHANICAL TESTS Rate/Each Rate/Each Mechanical Testing of Steel Products (General Tensile) ASTM A370 $470.00
Fillet Weld Break Test for Qualification (Welding) AWS B4.0 $205.00
Tension Testing of Metallic Materials, Tension Testing Wrought and Cast Aluminum and Magnesium-Alloy Products, (Welding Coupon
Tensile)
ASTM E8, B557 and AWS B4.0 $470.00
Mechanical Testing of Steel Products (Couplers) ASTM A370 $460.00
Impact Testing of Miniaturized Charpy V-Notch Specimens, Notched
Bar Impact Testing of Metallic Materials
ASTM E2248 and
ASTM E23
QOR
Testing, Practices, and Terminology for Chemical Analysis of Steel
Products
ASTM A751 $336.00
Mechanical Testing of Steel Products & Bend Testing of Material for
Ductility; #3-#8
ASTM A370 and
E290
$370.00 $150.00
Mechanical Testing of Steel Products & Bend Testing of Material for
Ductility; #9-#11
ASTM A370 and
E290
$440.00
Mechanical Testing of Steel Products & Bend Testing of Material for
Ductility; #14+
ASTM A370 and
E290
QOR
Mechanical Testing of Steel Products, Standard Specification for Steel
Wire, Plain, for Concrete Reinforcement
ASTM A370, A82
and A185
$440.00
Guided Bend Test for Ductility of Welds, Mechanical Testing of Welds ASTM E190 and
AWS B4.0
$270.00
Determining the Mechanical Properties of Externally and Internally
Threaded Fasteners, Anchor Bolts Only (Tension and Yield)
ASTM F307,
F1554 and F606
$528.00
Rockwell Hardness of Metallic Materials ASTM E18 $150.00
Proof Test for Carbon and Alloy Steel (Nuts Only) ASTM A194 or
A563
$337.00
Radiographic Examination of Metallic Castings/Weldments ASTM E94, E1030
and E1032
QOR
Macroetching Metals and Alloys ASTM E340, E381
and AWS
$337.00
Determining the Mechanical Properties of Externally and Internally
Threaded Fasteners, Washers, Direct Tension Indicators, and Rivets
(HSB Assemblies)
ASTM F606 $370.00
Mechanical Testing of Steel Products (Terminators Tensile) ASTM A370 $370.00
Strength for Sewn or Bonded Seams of Geotextiles ASTM D4884 $336.00
Tearing Strength of Fabrics by the Tongue (Single Rip) Procedure ASTM D2261 $336.00
Breaking Strength and Elongation of Textile Fabrics (Grab Test) ASTM D5034 $270.00
Tensile Properties of Fiber Reinforced Polymer Matrix Composite Bars ASTM D3039 $990.00
Steel Strand, Uncoated Seven-Wire for Prestressed Concrete ASTM A416 and
A1061
$1,463.00
FIREPROOFING
Thickness and Density of Sprayed Fire-Resistive Material (SFRM) ASTM E605 $270.00 $125.00 Cohesion/Adhesion of Sprayed Fire-Resistive Materials (Test Kit Only) ASTM E736 $77.00 $25.00
*Rates for Year One - All CPI increases shall be calculated by Consultant and requested for adjustment
each May, effective each July 1st. Rate increases shall not exceed 3% and shall be based on the San
Francisco Bay Area Consumer Price Index CPI for that period of time and this shall be submitted to the
Public Works Management Analyst, or their designee, for approval prior to taking effect.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit C – Page 1 of 1
EXHIBIT C
INDEMNIFICATION
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit D – Page 1 of 3
EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any one
calendar day, and 40 hours during any one calendar week, except in accordance with California Labor
Code Section 1815, which provides that work in excess of 8 hours during any one calendar day and 40
hours during any one calendar week is permitted upon compensation for all hours worked in excess of
8 hours during any one calendar day and 40 hours during any one calendar week at not less than one-
and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during which
the worker is required or permitted to work more than 8 hours in any one calendar day, or more than 40
hours in any one calendar week, in violation of the provisions of California Labor Code Section 1810
and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed for
each craft or type of work needed to be as published by the State of California Department of Industrial
Relations, Division of Labor Statistics and Research, a copy of which is on file in the City Public Works
Office and shall be made available on request. The Consultant and subcontractors engaged in the
performance of the services described in Exhibit A shall pay no less than these rates to all persons
engaged in performance of the services described in Exhibit A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor Code
Section 1775, which establishes a penalty for each worker engaged in the performance of the services
described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing
wage. The amount of such penalty shall be determined by the Labor Commissioner and shall be
based on consideration of the mistake, inadvertence, or neglect of the Consultant or subcontractor in
failing to pay the correct rate of prevailing wages, or the previous record of the Consultant or
subcontractor in meeting applicable prevailing wage obligations, or the willful failure by the Consultant
or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in
failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor
had knowledge of their obligations under the California Labor Code. The Consultant or subcontractor
shall pay the difference between the prevailing wage rates and the amount paid to each worker for
each calendar day or portion thereof for which each worker was paid less than the prevailing wage
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit D – Page 2 of 3
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is not
paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable for any
penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to
comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California Labor
Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but
not limited to, retaining sufficient funds due the subcontractor for performance of the services described
in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified
general prevailing rate of per diem wages for employees engaged in the performance of the services
described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll records
showing the name, address, social security number, work, straight time and overtime hours worked
each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or
other employee employed in performance of the services described in Exhibit A. Each payroll record
shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both
of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall
be submitted directly to the Labor Commission, and available for inspection by the Owner and its
authorized representatives, the Division of Labor Standards Enforcement, the Division of
Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for
inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit A,
shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing
employment and payment of apprentices on public works contracts.
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Construction Testing Services, Inc. for On-Call Special Insp & Material Tstng Svcs Exhibit D – Page 3 of 3
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance of
the services described in Exhibit A to employ for the services described in Exhibit A any person in a
trade or occupation (except executive, supervisory, administrative, clerical, or other non-manual
workers as such) for which no minimum wage rate has been determined by the Director of the
Department of Industrial Relations, the Consultant or subcontractor shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to services described in
Exhibit A to be performed by that person. The minimum rate thus furnished shall be applicable as a
minimum for such trade or occupation from the time of the initial employment of the person affected
and during the continuance of such employment.
Consulting Services Agreement between City of Dublin and 07/01/2021
Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Page 1 of 15
CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND
GEOCON CONSULTANTS, INC.
FOR
ON-CALL GEOLOGY AND GEOTECHNICAL ENGINEERING SERVICES AND
ON-CALL SPECIAL INSPECTION AND MATERIALS TESTING
THIS AGREEMENT for consulting services is made by and between the City of Dublin (“City”) and
Geocon Consultants, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021
(the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and
place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms
of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2024, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A on or before 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 City’s right to terminate the Agreement, as referenced in Section 8. Notwithstanding
the foregoing this Agreement may be extended on a month to month basis for up to 6
months upon the written consent of the Consultant and the City Manager, provided that: a)
sufficient funds have been appropriated for such purchase, b) the price charged by the
Consultant for the provision of the serves described in Exhibit A does not increase. None
of the foregoing shall affect the City’s right to terminate the Agreement as provided for in
Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Subsection 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Public Works Requirements. Because the services described in Exhibit A include “work
performed during the design and preconstruction phases of construction including, but not
limited to, inspection and land surveying work,” the services constitute a public works
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within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Consultant is required to comply with the provisions of the California Labor Code
applicable to public works, to the extent set forth in Exhibit D.
1.6 Public Works Contractor Registration. Consultant agrees, in accordance with Section
1771.1 of the California Labor Code, that Consultant or any subconsultant shall not be
qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104
of the Public Contract Code, or engage in the performance of any contract for public work,
as defined in Chapter 1 of Part 7 of Division 2 of the California Labor Code, unless
currently registered and qualified to perform public work pursuant to California Labor Code
section 1725.5. It is not a violation of this section for an unregistered contractor to submit a
bid that is authorized by Section 7029.1 of the Business and Professions Code or by
Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is
registered to perform public work pursuant to Section 1725.5 at the time the contract is
awarded. No contractor or subcontractor may be awarded a contract for public work on a
public works project unless registered with the Department of Industrial Relations pursuant
to California Labor Code section 1725.5. Consultant agrees, in accordance with Section
1771.4 of the California Labor Code, that if the work under this Agreement qualifies as
public work, it is subject to compliance monitoring and enforcement by the Department of
Industrial Relations.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $500,000
for Geology and Geotechnical Engineering Services and $500,000 for Special Inspection and Materials
Testing Services, for a total of $1,000,000, notwithstanding any contrary indications that may be contained
in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict 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 only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. No individual performing work under this Agreement shall
bill more than 2,000 hours in a fiscal year unless approved, in writing, by the City Manager
or his/her designee. Invoices shall contain the following information:
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Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
The beginning and ending dates of the billing period;
A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
A copy of the applicable time entries or time sheets shall be submitted showing the
following:
o Daily logs of total hours worked by each individual performing work under
this Agreement
o Hours must be logged in increments of tenths of an hour or quarter hour
o If this Agreement covers multiple projects, all hours must also be logged
by project assignment
o A brief description of the work, and each reimbursable expense
The total number of hours of work performed under the Agreement by Consultant and
each employee, agent, and subcontractor of Consultant performing services
hereunder;
The Consultant’s signature;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds 800 hours within a 12-month period under this
Agreement and any other agreement between Consultant and City. Such notice shall
include an estimate of the time necessary to complete work described in Exhibit A and
the estimate of time necessary to complete work under any other agreement between
Consultant and City, if applicable.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to City of a final
invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
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In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified in Exhibit B. Expenses
not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in
the total amount of compensation provided under this Agreement that shall not be
exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before fully executing this Agreement, Consultant, at its
own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance
listed below against claims for injuries to persons or damages to property that may arise from or in
connection with the performance of the work hereunder by the Consultant and its agents, representatives,
employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof
satisfactory to City of such insurance that meets the requirements of this section and under forms of
insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work.
Consultant shall maintain the insurance policies required by this section throughout the term of this
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Agreement. The cost of such insurance shall be included in the Consultant's bid or proposal. Consultant
shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all
insurance required herein for the subcontractor(s) and provided evidence to City that such insurance is in
effect. VERIFICATION OF THE REQUIRED INSURANCE SHALL BE SUBMITTED AND MADE PART OF
THIS AGREEMENT PRIOR TO EXECUTION. Consultant shall maintain all required insurance listed
herein for the duration of this Agreement.
4.1 Workers’ Compensation.
4.1.1 General Requirements. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for
any and all persons employed directly or indirectly by Consultant. The Statutory
Workers’ Compensation Insurance and Employer’s Liability Insurance shall be
provided with limits of not less than $1,000,000 per accident. In the alternative,
Consultant may rely on a self-insurance program to meet these requirements, but
only if the program of self-insurance complies fully with the provisions of the
California Labor Code. Determination of whether a self-insurance program meets
the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Consultant, its employees,
agents, and subcontractors.
4.1.2 Submittal Requirements. To comply with Subsection 4.1, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
and
b. Waiver of Subrogation Endorsement as required by the section.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General Requirements. Consultant, at its own cost and expense, shall maintain
commercial general liability insurance for the term of this Agreement in an amount
not less than $1,000,000 and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000 per occurrence, combined
single limit coverage for risks associated with the work contemplated by this
Agreement. If a Commercial General Liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
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this Agreement, including without limitation, blanket contractual liability and the
use of owned and non-owned automobiles.
4.2.2 Minimum Scope of Coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
“occurrence” basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001, Code 1 (any auto). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional Requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as
additional insureds as respects: liability arising out of work or operations
performed by or on behalf of the Consultant; or automobiles owned,
leased, hired, or borrowed by the Consultant.
c. Consultant hereby agrees to waive subrogation which any insurer or
contractor may require from vendor by virtue of the payment of any loss.
Consultant agrees to obtain any endorsements that may be necessary to
effect this waiver of subrogation.
d. For any claims related to this Agreement or the work hereunder, the
Consultant’s insurance coverage shall be primary insurance as respects
the City, its officers, officials, employees, and volunteers. Any insurance
or self-insurance maintained by the City, its officers, officials, employees,
or volunteers shall be excess of the Consultant’s insurance and shall not
contribute with it.
4.2.4 Submittal Requirements. To comply with Subsection 4.2, Consultant shall
submit the following:
a. Certificate of Liability Insurance in the amounts specified in the section;
b. Additional Insured Endorsement as required by the section;
c. Waiver of Subrogation Endorsement as required by the section; and
d. Primary Insurance Endorsement as required by the section.
4.3 Professional Liability Insurance.
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4.3.1 General Requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $2,000,000 covering the licensed professionals’ errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000 per
claim.
4.3.2 Claims-Made Limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least 5 years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of 5 years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 [Intentionally Deleted].
4.3.4 Submittal Requirements. To comply with Subsection 4.3, Consultant shall
submit the Certificate of Liability Insurance in the amounts specified in the section.
4.4 All Policies Requirements.
4.4.1 Acceptability of Insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of Coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all Certificates of Liability
Insurance delivered to Consultant by the insurer, including complete copies of all
endorsements attached to the policies. All copies of Certificates of Liability
Insurance and certified endorsements shall show the signature of a person
authorized by that insurer to bind coverage on its behalf. If the City does not
receive the required insurance documents prior to the Consultant beginning work,
it shall not waive the Consultant’s obligation to provide them. The City reserves
the right to require complete copies of all required insurance policies at any time.
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4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the written approval of City for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the City, either: the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the City, its officers,
employees, and volunteers; or the Consultant shall provide a financial guarantee
satisfactory to the City guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
4.4.4 Wasting Policies. Except for Consultant’s Professional Liability policy, no policy
required by this Section 4 shall include a “wasting” policy limit (i.e. limit that is
eroded by the cost of defense).
4.4.5 Endorsement Requirements. Each insurance policy required by Section 4 shall
be endorsed to state that coverage shall not be canceled by either party, except
after 30 days’ prior written notice has been provided to the City.
4.4.6 Subcontractors. So long as applicable to the subcontractor’s scope of work and
trade, Consultant shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein so long as applicable to the subcontractor’s scope of
work and trade.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Refer to the attached
Exhibit C, which is incorporated herein and made a part of this Agreement.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. This Agreement shall
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not be construed as an agreement for employment. City shall have the right to control
Consultant only insofar as the results of Consultant's services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subsection 1.3; however, otherwise
City shall not have the right to control the means by which Consultant accomplishes
services rendered pursuant to this Agreement. Consultant further acknowledges that
Consultant performs Services outside the usual course of the City’s business; and is
customarily engaged in an independently established trade, occupation, or business of the
same nature as the Consultant performs for the City and has the option to perform such
work for other entities. Notwithstanding any other City, state, or federal policy, rule,
regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents,
and subcontractors providing services under this Agreement shall not qualify for or
become entitled to, and hereby agree to waive any and all claims to, any compensation,
benefit, or any incident of employment by City, including but not limited to eligibility to
enroll in the California Public Employees Retirement System (PERS) as an employee of
City and entitlement to any contribution to be paid by City for employer contributions and/or
employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws and regulations applicable to the performance of the work hereunder, including but
not limited to, the California Building Code, the Americans with Disabilities Act, and any
copyright, patent or trademark law. Consultant’s failure to comply with any law(s) or
regulation(s) applicable to the performance of the work hereunder shall constitute a breach
of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during the term of this Agreement any licenses, permits, and approvals that are
legally required to practice their respective professions. In addition to the foregoing,
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Consultant and any subcontractors shall obtain and maintain during the term of this
Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, sex, gender, religion (including religious dress and grooming
practices), national origin, ancestry, physical or mental disability, medical condition
(including cancer and genetic characteristics), marital status, age, sexual orientation, color,
creed, pregnancy, genetic information, gender identity or expression, political affiliation or
belief, military/veteran status, or any other classification protected by applicable local,
state, or federal laws (each a “Protected Characteristic”), against any employee, applicant
for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or
applicant for any services or programs provided by Consultant under this Agreement.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement upon 30 days’ written notice to City and shall
include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
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Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but are not limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
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9.3 Inspection and Audit of Records. Any records or documents that Subsection 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to
the examination and audit of the State Auditor, at the request of City or as part of any audit
of the City, for a period of 3 years after final payment under the Agreement.
Section 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
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Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Section 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the City. If Consultant was an employee,
agent, appointee, or official of the City in the previous 12 months, Consultant warrants that
it did not participate in any manner in the forming of this Agreement. Consultant
understands that, if this Agreement is made in violation of California Government Code
Section 1090 et seq., the entire Agreement is void and Consultant will not be entitled to
any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of California Government Code
Section 1090 et seq., and, if applicable, will be disqualified from holding public office in the
State of California.
At City’s sole discretion, Consultant may be required to file with the City a Form 700 to
identify and document Consultant’s economic interests, as defined and regulated by the
California Fair Political Practices Commission. If Consultant is required to file a Form 700,
Consultant is hereby advised to contact the Dublin City Clerk for the Form 700 and
directions on how to prepare it.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by the City Manager
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Geocon Consultants, Inc.
Attn: Shane Rodacker, GE
6671 Brisa Street
Livermore, CA 94550
Any written notice to City shall be sent to:
City of Dublin
Attn: City Engineer
100 Civic Plaza
Dublin, CA 94568
10.11 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, C, and D represents the entire and integrated
Consulting Services Agreement between City of Dublin and 07/01/2021
Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Page 14 of 15
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A Scope of Services
Exhibit B Compensation Schedule & Reimbursable Expenses
Exhibit C Indemnification
Exhibit D California Labor Code Section 1720 Information
10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
10.13 Certification per Iran Contracting Act of 2010. In the event that this contract is for
one million dollars ($1,000,000.00) or more, by Consultant’s signature below Consultant
certifies that Consultant, and any parent entities, subsidiaries, successors or subunits of
Consultant are not identified on a list created pursuant to subdivision (b) of Section 2203 of
the California Public Contract Code as a person engaging in investment activities in Iran as
described in subdivision (a) of Section 2202.5, or as a person described in subdivision (b)
of Section 2202.5 of the California Public Contract Code, as applicable.
SIGNATURES ON FOLLOWING PAGE
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Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Page 15 of 15
The Parties have executed this Agreement as of the Effective Date. The persons whose signatures appear
below certify that they are authorized to sign on behalf of the respective Party.
CITY OF DUBLIN GEOCON CONSULTANTS, INC.
Linda Smith, City Manager Shane Rodacker, Vice President
Attest:
Consultant’s DIR Registration Number
(if applicable)
Marsha Moore, City Clerk
Approved as to Form:
City Attorney
3070368.1
Consulting Services Agreement between City of Dublin and Last revised 07/01/2021
Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Exhibit A – Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
Geology & Geotechnical Engineering Services
• Provide geotechnical peer review of soils and geologic reports for private land development projects and
Capital Improvement Program projects
• Provide testing and field observations
• Attend meetings as required
• Knowledge of Caltrans Standard Plans and Specifications is required
• Provide geologic and/or geotechnical engineering technical peer reviews of development projects to be
reviewed and may include, but are not limited to:
o Preparation of geotechnical and geologic reports
o Slope stability calculations
o Grading plans and proposed remedial grading plans
o Site improvement plans, retaining wall plans and calculations, creek stabilization plans
o Storm Water Pollution Prevention Plans (SWPPP)
• Geologic Hazard Abatement District (GHAD) proposals and plans of control, interim grading reports and
record drawings, geologic and/or geotechnical engineering observations during remedial grading, field
inspections, project coordination and meetings with City Staff and developer’s consultants. Geotechnical
engineering services for a variety of Public Works projects, Capital Improvement Program projects and/or
maintenance projects including roads, drainage, and other public facilities, and other tasks associated
with Public Works infrastructure design, construction, and/or operation as assigned and directed by the
City Engineer.
• Provide or sub-contract/sub-consult the following environmental sampling/analysis services:
o Perform shallow soil sampling and analysis to pre-characterize the materials for off-site
disposal purposes and prepare a Summary Letter.
o Prepare a site specific Health & Safety Plan (HASP), as necessary.
o Examples of soil samples analyses are, but not limited to:
Total petroleum hydrocarbons as gasoline (TPHg), TPH as diesel (TPHd), and TPH as
motor oil (TPHmo) by EPA Method 8015 using silica gel clean-up where appropriate.
Volatile Organic Compounds (VOCs) by EPA Method 8260B.
Semi-Volatile Organic Compounds (SVOCs) by EPA Method 8270B.
Organochlorine pesticides & PCBs by EPA Method 8081A/8082.
Total CAM 17 metals by appropriate EPA Methods.
Total hexavalent chromium.
Total Asbestos by CARB 435.
Special Inspection and Materials Testing
Special Inspection firm shall be on the City of Dublin’s Building Department’s “Recognized Special
Inspection & Testing Agency” listed in all categories or be able to be added to the list prior to execution of
the agreement.
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Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Exhibit A – Page 2 of 2
• Laboratory shall be certified by the State of California to provide material testing for Federal Aid
Projects.
• Field and Laboratory Compaction Testing using Caltrans and ASTM methods.
• Plant inspection.
• Special Inspection (Concrete Placement, ACI or ICC, Electrical, Mechanical, Welding, Rebar,
Conduit, Cables, etc.).
• Public Works Inspection, as needed.
• Firms will be required to sign and comply with the requirements of the City of Dublin Building and
Safety Division “Special Inspection and Testing Agreement”
https://dublin.ca.gov/DocumentCenter/View/60/Special-Inspection-and-Testing-Agreement?bidId=
for projects issued a Building Permit.
• If a firm is hired by a developer to provide quality control or any other services, the firm will not be
eligible to provide third party quality assurance services to the City for the same project. This will
apply to both public and private projects.
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Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Exhibit B – Page 1 of 3
EXHIBIT B
COMPENSATION SCHEDULE & REIMBURSABLE EXPENSES
2021 SCHEDULE OF FEES
PROFESSIONAL SERVICES
Engineering Assistant/Laboratory Technician ............................................................................................................................................ $80/hr.
Engineering Field Technician/Special Inspector I ...................................................................................................................... 85/125(PW)*/hr.
Engineering Field Technician/Special Inspector II ..................................................................................................................... 95/135(PW)*/hr.
Engineering Field Technician/Special Inspector III/Equipment Operator .............................................................................. 105/145(PW)*/hr.
Word Processor/Technical Editor/Draftsman ............................................................................................................................................... 80/hr.
Research Assistant/Technical Illustrator/Senior Draftsman ....................................................................................................................... 95/hr.
Project Coordinator/GIS Specialist .............................................................................................................................................................. 105/hr.
Staff Engineer/Geologist/Scientist/Field Supervisor ................................................................................................................................. 120/hr.
Senior Staff Engineer/Geologist/Scientist .................................................................................................................................................. 130/hr.
Project Engineer/Geologist/Scientist/Construction Supervisor ................................................................................................................ 140/hr.
Senior Project Engineer/Geologist/Scientist .............................................................................................................................................. 155/hr.
Senior Engineer/Geologist/Scientist/Certified Industrial Hygienist .......................................................................................................... 170/hr.
Associate Engineer/Geologist/Scientist ..................................................................................................................................................... 200/hr.
Principal Engineer/Geologist/Scientist/Litigation Support ........................................................................................................................ 240/hr.
Deposition or Court Appearance ................................................................................................................................................................. 400/hr.
Attorney Fees (General) ............................................................................................................................................................................... 350/hr.
Overtime (>8 to 12 hrs), Saturday, and Night Rate ....................................................................................................... 1.5X Regular Hourly Rate
Overtime (>12 hrs), Sunday, and Holiday Rate ................................................................................................................ 2X Regular Hourly Rate
Minimum Professional Fee ................................................................................................................................................................ $500/Project
Minimum Field Services Fee (per day or call-out) ....................................................................................................................................... 4 Hours
*Prevailing Wage (PW) per requirements of California Labor Code §720, et. Seq.
TRAVEL
Personnel .................................................................................................................................................................................. Regular Hourly Rate
Subsistence (Per Diem) ........................................................................................................................................................................... $175/day
Vehicle Mileage ........................................................................................................................................................................................ 0.75/mile
EQUIPMENT & ANALYTICAL TESTS
Nuclear Gauge ............................ Included in Technician Hourly Rate Level D PPE/Decon Rinse Equipment ................................. $50/day
Pick-up Truck ....................................................................... $125/day pH/Conductivity/Temperature Meter .....................................60/day
Equipment Truck ................................................................... 200/day 55-gallon drum ........................................................................ 65/ea.
Direct-Push Rig/Operator .................................... 185/225(PW)*/hr. TPHg (EPA 8015M) .................................................................. 90/ea.
Direct-Push Sample Liner ........................................................ 10/ea. TPHd/mo (EPA 8015M) ........................................................... 80/ea.
Equipment Trailer .................................................................. 100/day Fuel Oxygenate Compounds (EPA 8260B) ........................... 110/ea.
Wenner 4-Pin Earth Resistivity Meter ................................... 150/day Volatile Organic Compounds (EPA 8260B) ........................... 150/ea.
Coring Machine (concrete, asphalt, masonry) ..................... 200/day Semi-Volatile Organic Compounds (EPA 8270) .................... 300/ea.
Dynamic Cone Penetrometer ................................................ 250/day CAM 17 Metals (EPA 6010B) ................................................ 170/ea.
Dilatometer (DMT) Test Equipment ...................................... 800/day Single Metal (EPA 6010B) ....................................................... 30/ea.
Generator or Air Compressor ................................................ 150/day STLC or TCLP Extraction .......................................................... 75/ea.
GPS Unit ................................................................................. 160/day Soil pH (EPA 9045C) ................................................................ 25/ea.
Drive-Tube Sampler or Hand-Auger ........................................ 40/day Organochlorine Pesticides (EPA 8081) ................................. 125/ea.
Soil Sample Tube (Brass or Stainless) .................................... 10/ea. Naturally Occurring Asbestos (CARB 435) .............................. 90/ea.
Water Level Indicator .............................................................. 40/day Asbestos PLM ........................................................................... 20/ea.
Battery-Powered Pump ........................................................... 75/day Asbestos 1,000-pt Count ......................................................... 80/ea.
Photo-Ionization Meter .......................................................... 150/day 48-hr/24-hr Turnaround Time .........................60%/100% surcharge
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LABORATORY TESTS
COMPACTION CURVES SOIL AND AGGREGATE STABILITY
4-inch mold (D1557/D698) ............................................... $225/ea. Resistance Value, R-Value (D2844/CAL301) .................... $300/ea.
6-inch mold (D1557/D698) .................................................. 225/ea. R-Value, Treated (CAL301) .................................................... 325/ea.
California Impact (CAL216) ................................................... 225/ea. California Bearing Ratio (D1883) .......................................... 175/pt.
Check Point ............................................................................ 100/ea. Stabilization Ability of Lime (C977) ....................................... 180/ea.
SOIL AND AGGREGATE PROPERTIES
#200 Wash (D1140/C117)................................................... $90/ea. Moisture Determination, tube sample (D2216) ................... $20/ea.
Wet Sieve Analysis to #200 (D422/CAL202) ....................... 120/ea. Moisture Determination and Unit Weight (D2937) ................ 40/ea.
Dry Sieve Analysis, 1.5”+ Aggregate (D6913) ...................... 350/ea. Atterberg Limits: Plasticity Index (D4318) ............................ 200/ea.
Hydrometer Analysis (D422) ................................................. 165/ea. Sand Equivalent (D2419/CAL217)....................................... 100/ea.
Sieve Analysis with Hydrometer (D422) ................................ 200/ea. pH and Resistivity (CAL643).................................................. 120/ea.
Specific Gravity, Soil (T100) .................................................. 100/ea. Sulfate Content (CAL417) ....................................................... 90/ea.
Specific Gravity Coarse Aggregate (C127) .............................. 60/ea. Chloride Content (CAL422) ..................................................... 50/ea.
Specific Gravity Fine Aggregate (C128) ................................... 75/ea. Organic Content (D2974) ........................................................ 60/ea.
Cut/Extract Shelby Tube........................................................ 100/ea.
SHEAR STRENGTH
Unconfined Compression (D2166) .................................... $100/ea. CONCRETE / MASONRY / REINFORCING STEEL
Direct Shear (D3080) (3pt) ................................................... 325/ea. Compressive Strength, Cast Cylinders (C39) ....................... $30/ea.
Unconsolidated-Undrained Triaxial Shear (D2850).............. 125/pt. Compressive Strength, Cores (C42) ....................................... 60/ea.
Unconsolidated-Undrained Triaxial Staged (D2850) ............ 175/ea. Flexural Strength Beam (C78/C293)...................................... 80/ea.
Consolidated-Undrained Triaxial Shear (D4767) .................. 300/pt. Splitting Tensile Test (C496) ................................................... 80/ea.
Consolidated-Undrained Triaxial Staged (D4767) ................ 375/ea. DSA Masonry Shear (DSA-207) ............................................... 75/ea.
Consolidated-Drained Triaxial Shear (EM1110) ................... 400/pt. Shotcrete Panel Coring and Comp. Strength (C1140) ... 80/ea.
Consolidated-Drained Triaxial Staged (EM1110) ................. 500/ea. Rebar Tensile / Bend (up to #11/#11 and Larger) 200/250/ea.
CMU Compressive Strength (C140) ...................................... 100/ea.
PERMEABILITY, CONSOLIDATION AND EXPANSION Compressive Strength, Grout (C1019/UBC 21-19) ............... 30/ea.
Permeability, Flexible Wall (D5084) ................................... $300/ea. Compressive Strength, Mortar (C109/UBC 21-15,16) .. 30/ea.
Permeability, Rigid Wall (D5856) .......................................... 300/ea. CMU Unit Wt., Dimen., Absorption (C140) .............................. 75/ea.
Consolidation (D2435) ............................................................. 60/pt. Compressive Strength, Masonry Prism (C1314) .................. 250/ea.
Expansion Index (D4829/UBC 29-2) .................................... 225/ea.
Swell/Collapse (D4546) ........................................................ 165/pt. HOT MIX ASPHALT
Density, Hveem (D2726/CAL308) ....................................... $110/pt.
AGGREGATE QUALITY Stabilometer Value (D1560/CAL366) ................................... 175/pt.
Sieve Analysis to #200 (C136) ........................................... $115/ea. Theoretical Max. Specific Gravity (D2041/CAL309) ............ 175/ea.
L.A. Rattler Test (500 rev.) (C131) ........................................ 200/ea. Ignition/Sieve Analysis (C136/CAL202) ............................... 215/ea.
Durability Index (D3744/CAL229) ........................................ 165/ea. HMA Core Unit Weight (D1188/CAL308) ............................... 60/ea.
Fine Aggregate Angularity (CAL 234) ..................................... 125/ea. % Asphalt, Ignition Method (D6307/CAL382) ..................... 125/ea.
Flat and Elongated Particles (D4791/CAL 235) ................... 150/ea. % Asphalt, Ignition Calibration (D6307/CAL382) ................ 400/ea.
Percent Crushed Particles (CAL205) ..................................... 150/ea. Rice Density/% Voids (CAL367) ............................................ 285/ea.
*2X surcharge on rush turnaround for laboratory testing
TERMS AND CONDITIONS
1. Listed are typical charges for the services most frequently performed by Geocon. Prices for unlisted services as well as special quotations
for programs involving volume work will be provided upon request. Laboratory test prices shown are for laboratory work only, and include
reporting of routine results not calling for comments, recommendations or conclusions.
2. Sampling and testing is conducted in substantial conformance with the latest applicable or designated specifications of the American
Society for Testing and Materials, Caltrans, American Association of State Highway and Transportation Officials, or other pertinent
agencies.
3. Saturday, night work, and overtime hours are charged at time and one-half; Sundays and holidays at double time. Per diem may apply when
location of work dictates.
4. Equipment and materials will be billed at cost plus 15%. Outside services including subcontractors and rental of special equipment are
billed at cost plus 15%. Hourly services are billed portal to portal from closest office in accordance with the stated hourly rates herein, with
a minimum four-hour charge.
5. Invoices will be submitted at four-week intervals. Terms of payment are met upon presentation of invoice. Invoices become delinquent thirty
(30) days from invoice date and subject to one and one-half percent (1-1/2%) service charge per month, or the maximum rate allowed by
law, whichever is lower. If Client objects to all or any portion of any invoice, Client will so notify Geocon in writing within fourteen (14)
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calendar days of the invoice date, identify the cause of disagreement, and pay that portion of the invoice not in dispute. The parties will
immediately make every effort to settle the disputed portion of the invoice. Payment on delinquent invoices will first be applied to accrued
interest and then to the principal amount. All time spent and expenses incurred (including any attorney's fees and costs) in connection with
collection of any delinquent amount will be paid by Client to Geocon per Geocon's current fee schedule.
6. Client and Geocon shall allocate certain of the risks so that, to the fullest extent permitted by law, Geocon’s (the term “Geocon” includes
Geocon’s partners, officers, directors, employees, agents, affiliates, subcontractors and subconsultants) total aggregate liability to Client is
limited to the greater of $50,000 or the total compensation received from Client by Geocon for services rendered on this project, for any
and all of Client’s injuries, damages, claims, losses, expenses, or claim expenses arising out of this Agreement from any cause or causes,
including attorneys’ fees and costs which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless
Geocon from and against all liabilities in excess of the monetary limit established above.
Client and Geocon shall allocate certain of the other risks so that, to the fullest extent permitted by law, Client shall limit Geocon’s total
aggregate liability to all third parties, including contractors, subcontractors of all tiers, materialmen, and others involved in Client’s project,
as well as persons and other entities not involved in the project, to the greater of $100,000 or the total compensation received from Client
by Geocon for services rendered on this project, for any and all injuries, damages, cause or causes, including attorneys’ fees and costs
which may be awarded to the prevailing party, and Client agrees to indemnify and hold harmless Geocon from and against all liabilities
in excess of the monetary limit established above, including all liability incurred by Geocon for acts, errors, or omissions, pursuant to
entering into agreements with third parties on behalf of Client in order to obtain access or entry onto property not owned by Client.
Client agrees to notify all contractors and subcontractors of any limitation of Geocon’s liability to them, and require them to abide by such
limitation for damages suffered by any contractor or subcontractor arising from Geocon’s actions or inactions. Neither the contractor
nor any subcontractor assumes any liability for damages to others which may arise on account of Geocon’s actions or inactions.
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Geocon for On-call Geology & Geotch Eng and Special Insp and Materials Testing Exhibit C – Page 1 of 2
EXHIBIT C
INDEMNIFICATION
PROFESSIONAL
A. Consultant shall, to the extent permitted by law, including without limitation California Civil Code 2782
and 2782.8, indemnify, hold harmless and assume the defense of, in any actions at law or in equity, the
City, its employees, agents, volunteers, and elective and appointive boards, from all claims, losses, and
damages, including property damage, personal injury, death, and liability of every kind, nature and
description, arising out of, pertaining to or related to the negligence, recklessness or willful misconduct
of Consultant or any person directly or indirectly employed by, or acting as agent for, Consultant, during
and after completion of Consultant’s work under this Agreement.
B. With respect to those claims arising from a professional error or omission, Consultant shall defend,
indemnify and hold harmless the City (including its elected officials, officers, employees, and
volunteers) from all claims, losses, and damages arising from the professionally negligent acts, errors
or omissions of Consultant, however, the cost to defend charged to Consultant shall not exceed
Consultant’s proportionate percentage fault.
C. Consultant's obligation under this section does not extend to that portion of a claim caused in whole or
in part by the sole negligence or willful misconduct of the City.
D. Consultant shall also indemnify, defend and hold harmless the City from all suits or claims for
infringement of any patent rights, copyrights, trade secrets, trade names, trademarks, service marks, or
any other proprietary rights of any person or persons because of the City or any of its officers,
employees, volunteers, or agents use of articles, products things, or services supplied in the
performance of Consultant’s services under this Agreement, however, the cost to defend charged to
Consultant shall not exceed Consultant’s proportionate percentage fault.
TECHNICAL CONSULTANT
Consultant shall indemnify, defend with counsel acceptable to City, and hold harmless City and its officers,
elected officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney’s fees and costs and fees of litigation)
(collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the
services called for or its failure to comply with any of its obligations contained in this Agreement, except
such Liability caused by the sole negligence or willful misconduct of City.
Notwithstanding the forgoing, to the extent this Agreement is a “construction contract” as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Consultant to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.
The Consultant’s obligation to defend and indemnify shall not be excused because of the Consultant’s
inability to evaluate Liability or because the Consultant evaluates Liability and determines that the
Consultant is not liable to the claimant. The Consultant must respond within 30 days to the tender of any
claim for defense and indemnity by the City. If the Consultant fails to accept or reject a tender of defense
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and indemnity within 30 days, in addition to any other remedy authorized by law, so much of the money due
the Consultant under and by virtue of this Agreement as shall reasonably be considered necessary by the
City, may be retained by the City until disposition has been made of the claim or suit for damages, or until
the Consultant accepts or rejects the tender of defense, whichever occurs first.
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EXHIBIT D
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day’s work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to 8 hours during any
one calendar day, and 40 hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of 8 hours during any
one calendar day and 40 hours during any one calendar week is permitted upon compensation
for all hours worked in excess of 8 hours during any one calendar day and 40 hours during any
one calendar week at not less than one-and-one-half times the basic rate of pay.
C. The Consultant and its subcontractors shall forfeit as a penalty to the City $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, in violation of the provisions of California Labor
Code Section 1810 and following.
WAGES:
A. In accordance with California Labor Code Section 1773.2, the City has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
City Public Works Office and shall be made available on request. The Consultant and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with California Labor Code Section 1775, the Consultant and any subcontractors
engaged in performance of the services described in Exhibit A shall comply with California Labor
Code Section 1775, which establishes a penalty for each worker engaged in the performance of
the services described in Exhibit A that the Consultant or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Consultant or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Consultant or subcontractor in meeting applicable prevailing wage
obligations, or the willful failure by the Consultant or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
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prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their
obligations under the California Labor Code. The Consultant or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. If a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Consultant is not liable
for any penalties therefore unless the Consultant had knowledge of that failure or unless the
Consultant fails to comply with all of the following requirements:
1. The contract executed between the Consultant and the subcontractor for the performance of
part of the services described in Exhibit A shall include a copy of the provisions of California
Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815.
2. The Consultant shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor’s certified payroll
records.
3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of
wages, the Consultant shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for performance
of the services described in Exhibit A.
4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit
signed under penalty of perjury from the subcontractor that the subcontractor has paid the
specified general prevailing rate of per diem wages for employees engaged in the
performance of the services described in Exhibit A and any amounts due pursuant to
California Labor Code Section 1813.
C. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
1. The information contained in the payroll record is true and correct.
2. The employer has complied with the requirements of California Labor Code Sections 1771,
1811, and 1815 for any work performed by the employer’s employees on the public works
project.
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be submitted directly to the Labor Commission, and available for inspection by the
Owner and its authorized representatives, the Division of Labor Standards Enforcement, the
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Division of Apprenticeship Standards of the Department of Industrial Relations and shall
otherwise be available for inspection in accordance with California Labor Code Section 1776.
D. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the
Consultant and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Consultant or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non-manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Consultant or subcontractor shall pay the
minimum rate of wages specified therein for the classification which most nearly corresponds to
services described in Exhibit A to be performed by that person. The minimum rate thus
furnished shall be applicable as a minimum for such trade or occupation from the time of the
initial employment of the person affected and during the continuance of such employment.
3070368.1