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Home My WebLink About4.06 BSK GeotechnicalSvcs CITY CLERK File # D[(ã](1]o]-l5J5J AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 5,2005 SUBJECT: Approval of Consulting Services Agreement with BSK Associates for General Geotechnical Services Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: I) Resolution, together with Exhibit "A," Agreement 2) Letter from BSK dated January 27,2005 3) Previous Agreement and Amendments RECOMMENDA TlON~ oµIAdO'" rerol,tion ,,",,,,,,ng tho Agreon~t. FINANCIAL STATEMENT: Under this Agreement, BSK Associates will provide general materials testing and geotechnical services to the City based on the proposed rate schedule. Types of serviccs provided are typically soils or material testing for Capital Improvement Program (CIP) projects, with the cost of the service budgeted with the specific Capital Project, or geotechnical peer review for private development projccts, with the costs being paid by developers BSK will submit a not-to-exceed proposal for each specific project. For Fiscal Year 2005-2006, BSK is requesting a 7.1 % rate increase for one classification due to inflation and the Prevailing Wage nature of work performed by that classification. The cumulative effect ofthe increase is 5.2%. Future rate increases will be governed by Section 2 of the Agreement, which specifies that future adjustments shall be limited to the Consumer Price Indcx (CPI) for Urban Wage Earners for the San Francisco-Oakland Bay Area as of February of each year. DESCRIPTION: The City has contracted with BSK Associates since 1996 for geotechnical engineering services. The services provided to date have primarily been in the area of soils and materials testing for CIP projects, or geotechnical peer review for private development projects. Staff is proposing a new two-year Agreement with BSK in order to incorporate amended contract language. The term of the Agreement will be for two years, expiring on June 30, 2007, with a rate adjustment allowed for the second year of the Agreement. BSK is proposing a rate increase for only one classification for Fiscal Year 2005-2006. Due to inflation and the Prevailing Wage nature of the work, _____________~__w______~~_____________________________ww___..__ COPIES TO: Anush Nejad, 8SK '- \ Db2- ITEMNO.~ C'.- G:ICONSlILTANl'Slb,kIAGSr new Agreement 070505.dne the Field Technician/Inspector position hourly rate would increase from $70 per hour to $75 per hour, which averages out to a cumulative 5.2% increase (see page 2 ofBSK's letter dated January 27,2005). BSK did not request a rate increase for Fiscal Year 2004-2005; all of the other classifications are the same as in Fiscal Year 2003-2004. Future rate adjustments will be limited under Section 2 of the Agreement to the CPI as of February of each year. Under this Agreement, BSK will provide specific per-task estimates for each project and obtain written authorization from the City before proceeding with the work. The cost of work related to CIP projects will be budgeted within each project, and the cost of work related to private developments will be paid for by developers. The work provided to date by BSK Associates has been satisfactory, professional, and competitive, and StafIrecommends that the City Council adopt the Resolution approving the Agreement. 2 00"2. \ ~5'Z.. RESOLUTION NO. - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AGREEMENT WITH BSK ASSOCIATES FOR GEOTECHNICAL ENGINEERING SERVICES WHEREAS, BSK Associatcs has provided geotechnical engineering services to the City since 1996; and WHEREAS, the City desires to continue using BSK's services; and WHEREAS, it is proposed 10 enter into a new two-year Agreement in order to incorporate amended contract language; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the Agreement with BSK Associates, attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of July, 2005. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk O:\CONSULTANTS\bsk\J'Cso new agmt 05-06.doc 4,lo ,-';:)-05 ATTACIDIENT I. L. ~ S'- CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BSK ASSOCIATES THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and BSK ASSOCIATES ("Consultant") as of July 5, 2005. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or 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 date first noted above and shall end on June 30, 2007, the date of completion specified in Exhibit A. and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is othelWise 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 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 in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assianment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder. Consuitant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. City hereby agrees to pay Consultant for services outlined in Exhibit A in accordance with the hourly rate schedule attached hereto as Exhibit B. 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. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the oniy payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and BSK Associates EXlIBIT A. -(0 iÁ--e ~12$)/tLhioJ'{ 3CV5'- 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 moreoflen than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Clear numerical identification, with no duplication of numbering; · The beginning anEl ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the totai number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthlv Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with ali of the requirements above to pay Consuitant. 2.3 Total Pavment. 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 BSK Associates July 5, 2005 Page 2 0114 1··h:Á- Q2 2.4 Hourlv 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. 2.5 Reimbursable EXDenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment UDon 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 in order to verify costs incurred to that date. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adiustments. Consultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the Cily. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department of labor, Bureau of Labor Statistics (Index) which is published for the year ending in February. If the Index has increased over the Index for the prior year, the rates for the following year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1% index increase as an example) HOURLY CHARGE RATE INDEX INCREASE (Assuming 1%) 150 x ,01" 1.50 $150.00/hr 1.50/hr $151.50/hr Section 3. FACiliTIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and 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 Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 3 of 14 ~ %'52. 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 beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontraclors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain Ihe insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commenee work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a seif-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers tor loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notity City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or 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 Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 4 of 14 l!1 ~ '5 '2.- 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 coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9 ("any auto"). No endorsement shall be attached limiting the coverage, 4.2.3 Additional reauirements. Each of the following shall be included in the insurance coverage or added as an endorsement to the pOlicy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. c. An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 5 of 14 ï c)b'5L-. 4.3 Professional Liability Insurance. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MilLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim, 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requesled, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the polley must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made polley form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the polley, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptabllltv 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 coveraQe. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein, The certificates and endorsements for each insurance polley are to be signed by a person authorized Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 6 of 14 'BD'o6¿ by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance poiicies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverages, scope, limits, and forms of such insurance are either not commercially available, or that the City's interests are otherwise fully protected. 4.4.5 Deductibles and Self·lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibies or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in Coveraae. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are altematives 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 Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 7 of 14 q (Y652- . Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all iosses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any vioiation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to i~demnify and hold harmless includes the duty to defend as set forth in Section 2778 of the Califomia Civil Code. Acceptance by City of insurance certificates and endorsemenls required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefils on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, Section 6. 6.1 STATUS OF CONSULTANT. Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 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. Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page B of 14 \DDbS?- 6.2 Consultant No AIJent. 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 GovernlnlJ Law. The laws of the State of California shall govern this Agreement. 7.2 ComDliance with ADDlicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 other Governmental ReQulatlons. 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 ODDortunitv. Consultant shall not discriminate, on the basis of a person's race, reiigion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including bul not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection In any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 9 of 14 \\OöS2- 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 Agreemenl upon thirty (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 Consultanl 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 AsslClnment and Subcontractina. 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 compelence, 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 approvai 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 bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediateiy terminate the Agreement; Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 10 of 14 \L~SL.- 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 temination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment 10 the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 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 TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 11 of 14 \ -:::. 0052.. 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 Severabilitv. If a court of competent jurisdiction finds or ruies that any provision of this Agreement is invalid, void, or unenforceabie, the provisions ofthis 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 Asslqns. 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 Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardiess of location, would place Consultant in a "conftict 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 Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code § 1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 12 of 14 .-..---.-..,.- -'.."-"'..~-~~'" "..-- \ L\ o-o~ L- may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of Calilornia. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Melissa Morton, Public Works Director ("Contract Administrator'). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Noticea. Any written notice to Consultant shall be sentto: Alex Eskandari, P.E. BSK Associates 1181 Quarry Lane, Bldg 300 Pleasanton, CA 94566 Any written notice to City shall be sent to: Melissa Morton City of Dublin Public Works 1 00 Civic Plaza Dublin, CA 94568 10.11- Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible lor the reporVdesign preparation. The stamp/seal shall be in a block entitled 'Seal and Signature of Registered Professional with reporVdeslgn responsibility,' as in the following example. Seal and Signature of Registered Professional with reporVdesign responsibility. 10.12 Intearation. This Agreement, including the scope of work attached hereto and Incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreemenl5, either written or oral. Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 13 of 14 \ ~ ðt}.9"L CITY OF DUBLIN ~D Janet Lockhart, Mayor Y. A ex Eskandari, P.E. Manager, Geo-Environmental Services Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G:ICONSUL T ANTSlbsk\now consulting .greem.nt 070505,doc Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 14 of 14 IlL? Db':::JL EXHIBIT A SCOPE OF SERVICES To provide geotechnical peer review of soils and geologic reports for private development projects, provide testing and field observations and attend meetings as requested, Consultant shall provide the City with a not-to-exceed fee on a project by project basis as proposed in attached letter dated January 27, 2005. G:\CONSUL T ANTS\b,~\n.w <onsulting agreement 070505,dOC Consulting Services Agreement between City of Dublin and BSK Associates-·Exhibit A EXHIBIT fl· b -t:ke: Aj~ BSK \l Uh '::, L.. - . 1181 Quarry Lane:-Bulldlng 300 Pleasanton, CA 94566 (925) 462-4000 . FAX (925) 462-6283 January 27, 2005 Ref.: Dublin Annual Contract (GP05-00S) Ms. Melissa A. Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, California 94568 Subject: Comments on Revised Consultant Agreement and Proposed Fiscal Year 2005-2006 Rates ~ Dear Ms. Morton: We have reviewed the revised consultant agreement received with your cover letter, dated December 22, 2004. The only comment we have about this updated agreement concerns the compensation clause, Section 2. We would like to see this section state that BSK Associates (BSK) will submit a cost estimate for our services for each task order received from the City of Dublin based on our understanding of the project nature and requirements. However, the actual billing may differ from the origiria.l estimate as a result of unforeseen encountered site conditions, weather impact, workseope change and other factors beyond our control. In response to your letter of January 7,2005 regarding Fiscal Year 2005-2006 Contract Rates, we propose the following: I) Our fee schedule for Geotechnical Consulting and Material Testing Services for Fiscal Year 2005- 2006 will stay unchanged except for Tcchnician/Inspector level, as shown in table below. Because of inflation and the Prevailing Wage nature of work involved, this rate will be increased from $70/Hour to $75/Hour. Classification Current 2004-2005 Proposed 2005-2006 Percent Change Rate Rate Principal $140 $ 140 No Change Senior Professional 120 120 No Change Project Professional II 110 110 No Change Staff Professional and 90 90 No Change Supervisor Field 70 75 7.1 % Technician/Inspector Word Processor 40 40 . No Change Laboratory Compaction 150 150 No Change Curve . . Sieve Analysis 1.20 120 No Change Concrete Compression 70 70 No Change Geotechnical Engineering· Engineering Geology' Environmental Services' Construction Inspection & Tasting. Analytical Testing \'bov5?- Dublin Annual Contract Fiscal Year 2005-2006 January 27,2005 Page 2 The impact of the proposed rate adjustment is also illustrated below: . 2004-2005 2004-2005 Total 2005-2006 Total Percent Classification Hours To Rate Cost Rate Cost Change Date Tech/Iru;pectO! 300 70 21,000 75 22,500 7.1 Proj. Engineer . . 40 110 4,400 110 . 4,400 0.0 Senior Engineer 20 120 2,400 120 2,400 0.0 Admin. Support 30 40 1,200 40 1,200 0.0 Cumulative Effect 29,000 30,500 5.2 2) A complete set ofBSK's Fee Schedule is attached which will be part of the new consultant agreem~'Ilt. Weare not requesting any further contract language or scope of work change for the upcoming 2005-20066 Fiscal Year except as noted above. *' *' * We look forward to continue providing our services to thc City of Dublin. We would bc happy to set up a meeting with you and/or your staff to discuss the potential workload for the upcoming year at your earliest convcmence. Respectfully Submitted, BSK Associates (j.f!aø~/~J Y. Alex Eakandari, P .E. Manager, Oeo-Environmental Services Y AE:yae (G:\G~(}te(:h\Col1tracM\GPOj~OOJ (Dublin Contract & FY05-06 Rates).wpd) Attachment: BSK Associates 2004 Fee Schedule BSI( \C\ ~~2. EXHIBIT B COMPENSATION SCHEDULE Compensation shall be paid per the attached Fee Schedule(s) entitled, "BSK ASSOCIATES 2005-2006 FEE SCHEDULE," G:\CONSUL TANrS\bsk\new consulting agree"'ent 070505,doc Consulting Services Agreement between City of Dublin and BSK Associates.,Exhibit B mIBlT 13· t:o -f::Áe rfgæ&'1.e4- BSK ASSOCIATES 2005-2006 FEE SCHEDULE -w tD~L BSK INTRODUCTION 2\ 0052 BSK & Associates, GeotechnicalConsultants, Inc. was founded in Fresno, California, in 1966. Since that time, offices and laboratories have been opened in Visalia, Bakersfield, Pleasanton, and Sacramento, California. Modem and complete laboratories with up-to-date field and laboratory equipment are maintained in each regional facility. A diversified professional staff of engineers, geologists, environmental scientists, industrial hygienists, microbiologists and chemists provide the practical knowledge and experience of local problems and practices. The firm offers a wide variety of consulting and testing services and is recognized as a leader in the regions served. Tills schedule lists selected Personnel Rates, Equipment Charges and Testing Fees for Geotechnical Engineering, Engineering Geology, Environmental Services, Construction Inspection and Soil and Materials Field and Laboratory Testing activities. Additional specific quotations can be provided upon request. Chemical and Food/Dairy Laboratory Fees are published in separate schedule and are available by contacting the respective Laboratory. OFFICES Branch Address Telephone Fresno.OtottclmkallEnvironmental 567 West Shaw, Suire "nil ($59) 497-2880 fr(!sl1o, California 93704 (f",,) 497-2886 firc.sno. !v1aterials Testirlg Laboratory 1445 Tuolunme Street ($$9) 497-2870 Fresno, California 93706 (f",,) 485-6140 Fresno. Analytical Laboratory 1414 Stanislaus Street ($$9) 497-2890 Frc:sno, California 93706 (f,,) 485-693$ Fresno, Food & Dairy Laboratoric:s 4230 West Swift Avenue:: (559) 277-Ó9ÓO Fresno~ Ci!l.lifú1'rtrn 93720 (f,,) 277-6969 Vi~lI.lìa 808 East DQuglM Avenue. (559) 732-8857 Visalí11j Califmni¡¡. 93292 (fax) 732-6570 Bakergfield 117tIV!!St~ (661) 327-0671 Bakersfield, California 93304 (f,,) )24-4218 Pleasanton 1181 Quarry Lane. Bldg_ 300 (925) 402-4000 PleasantùD Co.Iifomìo. 94566 (f",,) 462-6283 Sacramento 3 14U Gold C¡unp Dr.. #160 (916) 853-9293 Rancho Cordova~ Califùrnia 95670 (f,,) 853-9297 Corporate Headquarters 567 WC6t Shaw AvCQuc, Suite C~l (559) 497-2878 .FT(:sDQ, California 93704 (fax) 497-2864 iì OliO! BSI( -z."L en 52.. BASIS OF CHARGES The prices listed herein are typical of engineering, inspection and testing services most frequently provided by BSK. Prices for other services and special quotations will be given upon request. Fees are subject to change without notice. Uillt prices shown for the laboratory work include reporting of laboratory test results and observations not calling for recommendations or conclusions. Field charges do not include office preparation of test summary and report. Use of outside services, subcontractors, special equipment, machiillng, freight, and other charges are invoiced at cost plus 15% service charge. The charge schedule listed below is the basis for invoicing of Iobsite field activities for other than Professional personneL . Work over 8 Hours/Saturdays Sundays, Holidays & Over 12 Hours Swing Shift (4:00 P.M. to Midnight) Graveyard Shift Work from 0 to 4 Hours Work From 4 to 8 Hours Show-up Time (No work Perfmmed) Sampling or Cylinder Pick-Up, Minimum Charge Bill Time and a Half Bill Double Time Add $9.00 per Hour Add $12.00 per Hour Bill 4 Hours Bill 8 Hours Bil12 Hours Bill 2 Hours Times are typically invoiced portal-to-portal from the nearest BSK OftJcelLaboratory. Per Diem is charged at a rate of $85 per day or expenses plus 15%, whichever is greater. Mileage, when applicable, is $0.50 per mile for sedans/pick-up trucks and $1.00 per mile for drill rigs and support trucks. 01101 iii BSI( -"-,-'~. 2.~ Db"::.>L PERSONNEL RATES PROFESSJONAJ., Senior Principal .... . . . . . . . . . . . . . . . . . . . . . , , . . . . . , . , . . . . . . . . , . . . . . . . . . . . . .' (per hour) $t50 Principal. . . . . ... , , . . .. , , . . .. , .. . . . . . , . . . . . . . . . , . .. . . . , .. . , . . .. .. , . .', .. ., (per hour) 140 A..ociate Principal .............................,.,..........,............ (per hour) 130 Sonior Professional ......,......,...........,...............,.....,..,..., (per hour) 120 ProjectProfessionaiI! ..................................,................., (per hour) 110 ProjoctProf..sionalI ..... _............................... ..........., (per hour) 100 StaffProfessional .......,...,...............,..........,.........,......, (per hour) 90 J~nior Profossional . . . .. . . . . .. . . . .. , . . .. .. . . . .. , . .. . , . . . . . .. . .. . . .. .. , , .. .. (per hour) 80 FIELD TECHNICAL SupelVisor ...,.,......,...,.,.,.....................,.,....,.,."..,.." (per hour) $ 90 I"speetor ......,...,........,...........,..,......"...,..,...,........, (per hour) 75 Technioian ............ . . , , . , . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . , , . , , . .. (per hour) 75 OFFICE AND LABORATORY TECHNICAL Suporvisor . . .. . , .. .. , . .. , , . . . , . , . . . .. , . . . . . . . . . .. .. ....,.........." (per hour) $ 90 Tecbnicion . . . , . . . , , . . . . . . . . . . . . , . . . . . . . , . , , . , . . . , . . . . . . . , . . . . , . . . . . .. (por hour) 60 Draftsman. .. . . . . , . , .. . . . . .. .. .. . .. . .. . , . . . . , , . . . .. . .. . . .. . . , .. . . .. . . .. .. (per hour) 60 Word Proeossor .................,.,.........,........................,... (per hour) 40 General Typi,tlOffiee Aide ,.........,......................,...........,... (per hour) 30 NOTE: Expert witne$s ,orviees, depnsition or court tesl.imony will bo invoiero at 150% of onr fee schedule rates. A ten percent snrcharge will be applied to rates ofpersoonol on projeets where 40-Hour OSHA Health and Safety training i. roquired. Surcharge of Level D person.1 proteotinn equipmenr (if required) will be by quotation, 2004 BSI( -z.-Y- ~5L. EQUIPMENT CHARGES VEHICLE MILEAGE 2·Wheel drive. , . . . . . . . .. , . . . , .. . , , , , , , , . , , , , . , , . . . , , , , . , . , , , , , , , , , . (per mile) $0,50 4~Wh€el drívc . , , , . , , . , . . , , , , , .. , . , . , . . , , . , , , . . . (P!:T Tl1il~) 1,20 Drill rigs. . . . . . . . . . . _ . . . . . . . . _ . . , .. , , , , . , , . . , , , . . . . , , . . . . , . , , , . , , (per mile) 1.20 MATERIALS TESTING' "R" rneter . _ . , . . , , . , , " (per day) (per day) (po, day) (per day) (pcr day) (per day) (per day) (pcr day) (per day) (por day) (per day) (po, Jay) . _ .. (per hour) Portable power auger . . . . . . , . , . , . , , . , . , , . , , , , , , , , , . N\ldt:aT Jen!:iity gauge . . . . . . . . . . . . . . . . . _ . . . . . . . . , , . . . . Ultrasonic weld testing equipment . , , '4' , , , , , , , . , , . , . , . TtJrqu~ wrench .". _ _ . _ . . . . . . . . . _ . . _ : . . . . . . . . , . , Anchor testing equipment. , , . , . . , . . . . , , . . . , . , , . . . , , , . , , . . , . . . . , . . . , , , . . . . , , ._ Schmidt hammer. , . , . . , . , , . , . , . , , , , . , . . . . . . . _ . . . . . _ . _ . Skidmore Wilhe.lm bolt tension c.alibrator .. . , . . , . , . , .. , . , . . , , , , , . . , . . .. , , . . . . . . . . . . . . . . . . . . . . . . . . - .....,.,.,.."."."...." Sc.&nnÍng ç:qujprn~nt (for plate thiçkn~!';~) _ . _ , . . . . . . . _ . _ Inductive and t.OrJductive pipe locator ... . . . . . , . , , . , , . , . , . , . . , . , . , , , , , , . . , , . . Aír mctc:r (concrctt::) , , , , , . , . . . . . . , _ , . . . . . . . . . . . _ _ . _ . W úùd moÎs[ul'e Jneter . , , . . , . , . . . . , . , . . , , . , , , , , , FerrQSC81J """". . . . . . , _ . _ . . . . . . . . . . . _ . . . . 1<: Eqltipment Char¡:es DQ Not iltclude Operators 2 2004 $ 30 30 30 30 30 30 30 30 30 30 30 30 ~o EQUIPMENT CHARGES (Continued) l>RILLlNG . BK !31 HD (with opel'ators) ......... _ . _ . . . . . . . . . . . _ . . . . . . . . . . . . , . , , . CME 75 (with operators) ..., . . , , . . . , . . . . . . . . . Mobile 8-53 (with ()penHor~) . . . . . . , . , , . , , . , , , , . , _ . . _ , , . , , , , , , , , , . , . H:;¡z.:udous waste sites (personal protection equipment) . . , . . DVM or PID Meter "...,.",.,.... Su.ppOI't tmck or trailer _ _ . . . . . . . . , . , . ...",...,,,..... . . . . . . . . . . - . ....."'.-. Mileage (drill and/o.l' support vehicle) -¿5 q;52- (per hour) (per hour) (per hour) (per d'y) (per day) ............................... . . . . . . _ (p!:~rn.ìlc) *('57 Dr/mill: Co"tNu~tor Lh'efUe Numher 490942 CORING Coring equipment (includes bir charge$, ¡jOtS rtul in dude operator) asphaJtic ¡;uncrele Coring r:::quipment (indud!:~ bit chargc!3. do~s not ¡Dclude (jpt=rator) c(Jnçret~ Qr masonry (per hour) (pcr hour) $180 160 170 Quotation 70 180 1,20 $ 100 150 NOTE: A htuulll,lghli:ipcjj:alfee of $10 ma)' he a.'ise.'i.,·ed to i!tl£'h MJiI.,·ul1lple and tube ubtained from the field for ellvirnn In eut4/ projects. l'raß1c co,tfro{ cosu,., ~freql/lft!d, are ht tulditiolJ to an)? drilling turd/or coring i..'(J.'ib. Sc"ffoldiltglr;~~ink costs, if requireú, are irl aúdition to any corÙ¡g cosUl. 1 2004 (per day) $350 (pe' day) 100 (pcr day) .10 (per day) 50 (pel' day) 50 (pel' day) 30 (pel' day) 30 (pel' day) 50 (pet day) 300 (per day) 250 (per day) 50 (per day) 70 (pet day) 30 (pcr day) 200 (pcr day) 350 (per day) 30 (pel' day) 10 (per day) 20 {per day) 30 EQUIPMENT CHARGES (Continued) GEOPHYSICAL TESTING' Nimbw¡ 12-chanJ)~1 scÍsmograph with recorder . . . , . , . . , .. . . . . . . . (fir<t day) . . . . (e,:¡ch additiunal day) (pcr day) .",...... .....-" ........ Triaxial downhole geophones. . . . . . . . . . . . . _ . Explosive charge ........ _ . _ . . . . . _ , . Re~istiv¡ty 1T1etl:::T , . , . , , . . . , . . , , . , , , , , . . , , . . . . . . . - . .""", """" , . , . . , . , , , , . . . . , . , (first day) . . . . . . . . . . . . . _ . . . . . _ (e¡),(:.h additional day) . .. . . . . . . . . . (fiT!it day) . . . . . . . . . . . . . . . . . . . . . _ (each additional di'lY) . . . . . . . . . . . . . . . . . . , . , . , . , , . , ., (first day) . , . (each additiQnal day) M::¡gnctomctcr, ........ ......... Neutron moisture gauge (100' muxirt'l.l.Im deplh) . ...",..",," Neutron moisture gauge (greater than 1 00' d~pth) ". ".---,."...,...,.,... GROUNDWAtER SAMPLING AND ENVIRONMENTAL TESTlNG* Truckl trailer with well sampHng e.quipmelli .... Stc::¡,m cleancr . . . . . . . . . . Well5>ounder ..............................,. .......... ........ ................ Ge.ne:=ralOr ............,... ""."., """..."", Water lev~1 data logge:r ,.,.".",...""".".,."",.".,."",.,."..,.". Groundwater field pJ:lram~tc:r nH~·t~r .. . , , , , , . , , , , , , , , , , . , , . . , , , , , , , , , . . . . , Di~~oJy~d oxygen meter, , , , , . . . . , . . . , . , . . , . . T11rbìdity metcr , , . . , . . , , , . . . , . . . . . . . , . . . . , Flow monitoring equipment. . . Lìq\¡id proportional sampling equipment. . Explosive gas mcter . . . . . . . . . , . . . OVM l¡lD meter. Gas detector pump . . . . . . . . . . . Landfill gas analyztr ........... Landfill ga~ c.hro¡natogn:lph ,.""".",.. Sound levtl nu:Ler , . , , , . . . , , , . , , , , , , ..,."",.,....,..,.,.. ......"".,..,. . . . . . . . . .....,., . . . . . . . . . . . . . . . . . . . . . ............ . . . . . . . . . . . . .".""""".", Disposable baHcr DìsposabJe w<'Iter sample t11ters ........... Hand auger and soil sampler ............. ....,..,., .......... .................. *Equipmcnt charges do not include Opel'aTOrS 4 2004 2.LQ Ob 5"2- $250 75 50 Quotation 150 50 150 50 150 50 Quotation L- ì ~5Z- FIELD AND LABORATORY 1. SOILS Grading inspector. . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . . . . . . . .. . . . . . . . . . . (per hour) $70 Compaction te5ter ....................................................... (pel" hour) $70 MOiSTURE / lJENSiTY CUR VES AASHTO 1'"99. AS1'M !)-69R _ _ _ _ _ _ _ _ _ _ _ _ ,_ _ _ , _ , . . . . , , . , , , , . , - - - - - - - - AASH1'O 1'-IROùrAS1'M D-1557 (4" mold)..." -- - - - -- --- - - ----- AASIITO T·lg0orASTM D·1557 (6" 11101d) _ __ _ _ __ _ __ __ _ _ __, .,.,."".", Californi;::\ impact nlcthqd 21 ri ........ _ . . . . . , , , . , , . , , . . . . . . . . . . . . . . . - Check point ."".,.",. . . . . . . . . . . . . . . . . . , . C()rp~ of engineu5i (AASHTO mOdified) . . . , , , , . . . . . . . . . - . - . . . . . . . . . . . . . Relative density, ASTM D-2049 (vibrating table) . , . . . , , , . , . , , . , , . - . ,. . . . $]40 150 190 160 90 190 210 PARTiCLE SIZE ANALYSES Sieve,: ;.n~y~i~1 pit run with 200 wash. . , . . , . , , , , , , , , . . . . . . . . . . . , _ . .. . . . . . . . , . . $120 Wash analysts, ASTM C-117 , . , . . , . , , , , . . . . . . . . . . . _ , . , . , , , , , . . , , , , , , . . , 60 Hydrometer al1alY!5is, ,ASTM D-422 _. _. .. ,.".,. ...... _. 120 Spf:~ifi~,~~avity, ASTM D~g54 ,.,..",.", . . . . . . . . . .. , . . . . , , , . , . . , , , .. , . 80 Visual analy'sis . . . . . _ _. , , , . . , , . . , , . . . . . . . . . . . . . _ . 30 Sand eq.uiva1ent AST M D-2419 (3 detcrmil1ati(HlS) ..... _ . . . _ . . . . . , . . . . , . , , , . , , , . . , , . , . . , 90 ATTERBERfi LIMITS ...",.",." . . . . . . . . . . . . . . - ..,..".. $ gO 80 150 Liquid 1imit~ ASTM D~4318 Plasric limit, ASTM D-4318 Plastieity index. ASTM [J·43 1 R _ Shrinkage factor!:i, ASTM D~427 Shrinkag¡;:- Jímit . . . . _ . _ .. . . . . , . , , , . . , , . . . . . . - - . Shrinkage ratio (indudcs the abov~) ............... _ . , . . . , . . , Volumetric !)hrinkage (includes the above) ,.",.", . . . .. . . _ _ . Lillear sht'inkage (includ~5 the abov~) . , . . .. . . . ............... ..."". ............,.,..".,.."", . . . . . . . . - 15U 160 170 IRO MOISTURE·lJENSITY TEST Laboratory determination ofmoj5tur~ <lTld dry density- t!Ul1dÜ;tu.rb~d" !:ipecirnen, obtained in-situ, each sp~ci:n1~n ..............,. -' ~O SWELl" TESTS Swell tests; FHA spc-cificati{)ßS . . . . . . . . . . . . . .. , . , , , , Swt=J 1'1:=~t!;i, ASCE t=xpaJi!:iion index ~ U.B.C, St~ndard No. 29-2 . . . . . . . . . . . . . . . . . . . . . - $180 1 RO ............"..."",.",.,. SFlE4R TESTS .....""." . . . . . . . . SI60 210 Direct shea,', undisturbed (quick) (3 point curve). Di!'ect shear; remolded (quick) (3 point C\Hvt) .................,,,,,,,,.,, 5 2004 -z.e ~5L SOILS (continued) Triaxial compression testing and pore pressure measurements, strain-controlled, ::Õ1r€:ss-coti.tt'o11td, cn::t:p potentia] deterrnjrlation ............. Quotation CONSOLlDA nON TESTS ASTM D·2435 (8 point CUIVe.) Extr<i pOints Hydrocompaction potential ......... ........ ........ $330 40 160 ..................--. .......... ........ UNCONFINED COMPRESSION TEST ASTM D-2166 (slre!i!Ì/stI'ilin) _ . _ . AS1'M V-2166 (f.ilure point only) ....",. ........ . . . . . . . . . . . . . . $ 70 50 "...",...""... rrR,r VALUE DETERMINATION CalÎlomia Method 301, untreated material with stabilomcter tests and moisturcrdcnsity determinatiotl , , , , _ , , , , , , , , !;iamplt=!; containing I:IggTl:=gat~s, c~mt=nt, lirn~1 or oth~r additives. . . . . . . . . . . _ ......... $200 230 CALTFORNIA REARING RA TlO (CRR) CDR all 00% ofrn~ximum ùry ù~n~itYI ASTM D-1883 ¡l1clusÌvc of maximum densìty curve, or AASHTO T~ 180, method liD", } point method. . . . CDR al 95% of maximum dry den!:iity, ASTM D~ 18~3 inclusive of maxi mum density curvc, or AASIJTO I-I 80, rnethnd "P", 3 poioti) 1i~th(ld .."...,.."",...",."".. $400 .................. 750 PERMEABILTTY TESTS RigÎdwall constant head. . . . . . . . . . . _ . . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . FkJÇ,iblr:: wall, CQnstant head, mÍng triaxial apparatus OtlJer forms ofpermeabilÜy tests........ _. ........ _.. . _,....... "....,.. ........, $200 330 Quot¡¡tìQß .".",_. I'lNHOLE DISPERSION TEST Multiple head serie~ ................................. $160 6 1004 z q é:Jü ':) 1- SOILS (continued) SOIL CORROS1V1TY TESTS Mìnìmum resistivity . . . . . . . . , . . , . , . , . . , . , . . , , . , pO .......,. ............ Major ions; pH, EC, sulfate & chlorides (saturation extract) . , , , , . , , . . . . "",.., SilO 30 100 SOIL CEM~'Nl' TESTS Soil ç~U1.~nt mix d~sìgn pCT PCA soil cement J~bQratory h::wdboQk Chapter 5 - iri.t.lL1de~ at1.erbetg liTT'\il~, sieve an.alysi::;, rri.ojsture:-density, (:.ûmpre:$s¡~m tt~[~ and fr~I:=~.t"-th¡iw Qr wetting-drying tests............. _ ,......,....,. $1500 Freez.e-thaw 11;;5t5, set of 3 (sample preparation not incll]dcd) ,.".,.",.,....,..,.".....". Wetting-dry¡ng te::;t!>, sel úf 3 (sample flreJiaraliùn not incJuded) .. .. . . _ . Prep~ration of frçç:z:c-thaw Qr wetting-drying tests, s¡;:ts of 2 5p~cim~ns at varying cement content Compression- tests~ laboratory .tuixed arid compacted sampJes set of 3 .,....,.. Cemt:n[ (;Orit~nl of ~oil c~ment (ASTM C-1 084 moùific=d) . . . . . . . _ . _ . 50U 48U 450 190 )90 7 2004 X> Db~ Z- II. AGGREGATES Sic=vc analysis. coarse or fine (wíthout wash)~ ASTM C~ 136 , , . , . , , , , . . . . , , " . . , , , , , . , . , , , . Jnç]usiv~ offincm:ss modulus "",.., .. . , , . . , , . . . . , , , . , , , , , , . , , , , , , . Wash analysis, atnOunt of I)Hltttial finf:¡' thaji No. 200 ::¡jeve, ASTM C-117 Specific gravity ASTM C-127 .,.... ..,.,.. ,.,." " " ,. ,., "..." '" ,." ,., '" " ,.. Specific gravity atH.l ¡,¡b~úrrtiún, ASTM C-127 Or ASTM C-128 Org:3;rJic irnpurities in fiDC aggn::gatcs, ASTM C-40 , . , . . . , , , . , . Percent clay Jumps and friable particles in aggregates, AS1'MC-142,. .",..",. Perccnt flat and elongated particles ...,......,."....""".",.".""...".".,.",. MúisluTt:: COnle:=nt. . . . . . . . . - . ..................._,. .........---. . . . . . . . . - . Weight per cubic foot, ASTM C~29 Comp~ct . , . . . , , , . . . . , . , . , , , . . , , . , , . . , . , , , , , . , , . , . . , . , , . , . . . . , , . , . . Loose.................................. .......,.. ........ LO!i AJ1gde~ Rattlc.r t~st, ASTM (:-131 Snlall size coarse aggrr.gate .....,...,..,.,.."..".,."..""..",.,."".". Large size: CUtLt~t; aggregatt; . . . . . . . . . . . . . . . , . . . . . . . . . . . . . Sulf;:!.tc soundness (S cycles), ASTM Cn88 per sieve s¡z~ ".,..""",.""".""".."", Minimum charge per sanlple ..,.....,..,.,.....",.,.,..,., , . , . . , . , , , , , . Morti:lr making pnJpertie!i of~<md (two 8g~!i), ASTM C-R7 ............. Sand equivalent; CalifornÎa method 217-1; average of 3 dctermínations .",...",.",...,.". DlHability t~st. C~lifornia method 229~.b~ per fr~cti('ln , , , , , , . . . , , , . , , , . , , , , Pottntia1 reóldivity tc~t. ASTM C-289. p~-r si7.c . , . , , . . . . . . . . . . . . . .. . . . . Cleanness test, California method 227 ~E .............. . . . , . , , , . . . , . , . . , , , . , . , . , . , . Hydtometl::t analysis, C::¡lifOtflia ,method 205-E . . . . . . . . . . . . .. . P~n::~ntag~ ~)fcrushcd p~rtiç[~s. Califomia method 20;; ......., .............. 8 2004 $ 60 70 60 60 90 60 60 YO 30 60 50 140 ]90 80 240 310 90 130 330 140 120 120 3\ LD5Z- In. CONCRETE (:OQcrete jn~pt!ctor ........................ _.. ... .. .... .. .. .. . ... . .. . .. . . . (per hour) Shotcrete Inspector.. . .. . .. . . . .. . .. .. .. .. . .. . . ... .. ...... .. _. . .... ,. ... .. . (p¡:1' houl'") Concl'E!te samp)er ........................................................ (per hour) Co.-iog t~chnicisn _ .. ..... . .. . .. ........ .. .. . . . ... .. .. .. .. .. . . . ...... ... .. . (per hour) Cem~I1t cOl)I~nt of hr.Jrdenr:=d cunt::ret~, ASTM C-I 084. . . _ . . . . . . , . . , . . . , , , , . , . , , , , , , , , Chemical test. ASTM C·jO (<ypc,) thrQugh V). .,.,..,...., . Time of setting ofhydmulic cement, ASTM C~191 , ,.,., .,.." "" ........ _....... _. Compressive strength ofhydra\l\ic ccmçnt mortar, ASTM C-I09 (per set of 3 cubes) Preparation of s;pecimen not included ....,....",.,.,..".",... _ , . . . . . . . . . _ _ Specific gravity of hydf~1Ilic c~ment. ASTM C-188 . . . . . . , . , . , . , . . , , , . , . , Volume::: thange::: of tf:ìnent, mortal' or concrete (drying shIinkagc)~ ASTM C~lS7 , , , , , . . . . . . . . . , . Mix design (aggr~gatc t~sts not included) ."", _ . _ . _ . . . . . . _ . . . . . . . . , . . , , . . . , , , , . . Cmnpre:=s!¡ive t"Sl, 6" x 12" cylinder, ASTM C-39 (sets of 3 or 4) , . , . . , , . , . . . . , , . . , , . , . , , . . . . Compressive test, cored specimens (end preparation nQt includ~d) , , . . . . . . . _ _ . . . . . . . . , . , . . Prtpar<llion of ~pt(;itnen.!Ì, diamûìld !;¡Jwing (each end) ....."..,.,.."."'..,.,........_ Coring shotcret~ specÍmcns from pauc] (in Il:Ibqrl:llory, pel' speciman) . . . . . , . . , , . , Prûport¡on of cement in hard~ncd concrete, ASTM C-8~ "".,........ _. Flexural t~sl ()fúûnt:I'd~ be-am, ASTM C-293 or ASTM C-78 , . , . , . , , , . , Splitting tensile str~ngth ofcoJ1crctc eyJínders, ASTM C-496 ....... _. _. ..........,."...,. Density lest {)n tontrett. cy]j¡¡deJ's ...... _ . . , . , . , . , IIAZ" test-reintorced concrete pìpc "Life Factor'l (C2CO~ Equivalent) ...... __ .....",.. ClfEMlCAL REA CTl VITY TESTS Mixing water: pH; electrical ('.ondlJctance, chloride. sulfate, ... . . . . . . . . . . . . . . . . . _ . . Contact soil: pH, eledtital cúrlductance, chlûride~ sulfate, , , , . , . . . . . , . . , , ., . . . . . . . . _ . _ . _ 9 2004 $70 70 70 70 $300 QUQtation 170 70 110 Quotation 120 70 30 30 .\0 320 70 60 40 60 $ 60 100 32Dò51- IV. REINFORCING STEEL Steel relnfol'cjll~ inspecfor . . . . . . . . . . . . . . _ _ .. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . (per hour) 70 REINFORCING liAR TESTS ,....."," . . . . . . . , . $ 60 70 50 70 Tt.1i~i]~ test, #2 through #~ bars .,...." . . , . , , , , , Tensile test, #9 through #llbars"""., . _. Benu test...... _.. .....,.,., Machíning charges, # 14 through #1 R bars . . . , . , . , . . . . . . . . . . . - . ".,.."..."",.""""" ......--- WIRE FARRIC TESTS - ASTM A-IR5 .....""..."".-,. $ 50 30 120 Tcnsíon tl;!jt . _ . , . , , , . . . . . . . . , Bend test. , , . . . , , . . . . . . , . , , Wdd shear It:~t (aVenge of 4) ..................",."."." ........_,. ..............-...'''.'''''.''...,.''.''. PRESl'RfiSSING CA RLES T~1.!ile and elungation, ASTM A-416 útASTM A-421 Cable preparation, , . , , , , , . . . . . . . . . . . , . . . TenJon~ . . . . . . . . . .. .........""""""" . . . . . . . . . . . . . . . . . . $120 120 Quotation ,.""". 10 2004 .3 3 C5h -5"2... V. WELDING AND STRUCTURAL STEEL WeldiI\g iIispechtr .. I .. .. .. . .... .... . . .. . .. . . .. .. ....... .... . . . . . . .. .. . .. . (per hour) $70 Higb 5tren~th bolt Inspector ........................,...................... (per bour) 70 Non dC!'itructive tester .................................................... (per hour) 70 WELDER QUALIFICATION TESTING Structural welding (machining included, per p{)~iti(r1 - ~ilnes!-iirt8 l'Iot included) GreJ(lve wr:ld, 3/8!' plate. , . . , . , . , , , . , , , , . . . , , , . . , , , . , . . , . , . . . . , . , . , Groove weld, 1" plate. .... _ . _ . . . . . . . . . . . . _ . . . . . . . . . . . . . . . . . . . . _ . _ . Pipe wt=ld, 6(, , , , , , , , . , . , . , . . , , , . .. , , , , , , . . , , , , ., , . , , , , , , . ,", . . . , .. , . , . . , . Light gauge welding: State Division of Arthitt.c[l1ît, School House Section Cirt.U]I:IT No.6. plug and butt welding, 8 specimens, Three positions (witnessÎng I:!ût included) Plug we.lding: two ~peçim~ns, (1)(: position, T¡:st plates íncluded (witnessing not included) . . $140 180 220 · . . . . . . . 280 .....,.... ...,....,.... 140 WELDED SPECIMEN TESTS F!:ICC= bCJ1d (pr¡:paration not included) . . . . . . . . . . . . . . . , , . , , . . . . , , , . . Root bend (preparatiun not included) . . . . . . . . . . . Side bc=nd (preparation not included) . . . . . . . . . . . . . . . . .. . . . . . . , . . . . , . . . , . . . , . . . , . . , . . Free bend (reinforcing stee1) . . , , . . , , , , , . . , , " , , . . , . , , , ,. ........., . , , , , , , . Nick break (reinforeìng steel) , . , . , . . . . , . , . . . , . , , , . . , . , . . . , . , . . . , . , , . . . , , , . , . . , . , , , , , . $ 40 40 40 ZO 70 STRUCTURAL STIlE!, TESIS Ten~jle tt::st (m::¡chìning not included). Bend tE'.st (machining n~Jl includtd) Machining chargt:!i (pel' coupon) ....",. . . . . . . . . . · . . . . . . . . . . . , $ 60 50 80 . . . . . . . . . ......,...,.".,.......,.,."...., ...".... . . . . . . . . . . . . · . . . . . . . . . HARDNESS TESTS Brincll hardness, A5TM E-20 Rückwtll hJ:lrdnC=!'i:5, ASTM £-18 ,..",., ...,,,,,,....,,,. $ 75 75 ......... ............ HIGH STRENGTH BOLT TESTS RrJ1t \lhin'~Hc load. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bûlthardne~~ ....,.,." ..,.",. N\1t h~l"clncss , . , . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,.,. . . , , , , , . , Wa~ht.r hardne::>:') , , , , , , , . , . . . . . . , . , . . . . . .. , . . . , , , , , . , , , , , " . , , , , . Proof loading, bolt or nut . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .."",. $ 110 70 70 70 1 10 II Z004 3Y.~'::;¡L VI. MASONRY l\.l::¡sonry inspector. . .. .. .. . .. . . . .... . .. ... .. . . . . . .. ... .. ..... . .. ...... .. . (per hour) $70 CONCRETE MASONRY UNITS TESl1NG - ASTM ('-90 Spcdfic gravìty and unit weight. , . , , . . . , . . . . , , , , , . , . , . . MoiHun: cuntent. _ , . . . . . . _ . ,. ............. _ _ . .."",......".. $ 60 40 60 60 . . . . . . . . . . . . . . . - . Compression t~st, nHISQnry units, ASTM C~140 "",.,."".,.".",..", . , , , . , , , Absorption test including moisture contenr, masonry units, ASTM C~ 140 .....,..."..", _ . G1'lJ~ted n"1!:1~I.mTY. flr~ d~tc:rmin::¡ti(1I1::¡, U,B,C- (Fi!:ld prep and gTO\..l.Üng c'>bs nt)t indllùtù) Each. . . . . . . . . . _ . . . . . . _ _ . _ . . . . . . _ . . . . . . . . . . . . . . _ . . . . . Pcr set of 5 composÎte units. . , , . . . , , , . , . . . , , , . , . , , , , , , , .. . . , , , , , , , , , . . Lineal shrinkage, m<l~önI'Y unit, pt:;r !1peCirrit.n _ . . . . . _ . _ . _ _ . . . . , . . . _ , . T(:n$i\e te!;it - ma~()nry units, p~r !;ip~çim~n Shear test on masonry core. .......,.. .,.,......."..".. ]20 550 350 120 70 BRICK TESTS Comprcssíon tes.t, ASTM C·(j7 .,."".,...."",.,.,.,..,."..""..,.." _ . , , . , , , , , . Modulus ofrupttlre, ASTM C-67 . _. ....... _. .... _. _... _... _. Absorption test and coetì1cient; ASTM C·(j7 , . . . . , . . . . , . , , . . . . , . , , . , , , , , , , . , , , . . , , . . . , . , $00 50 60 GROUT AND MORTAR TESTS Comprcssíon tçst, grout prisms (sets of 3 or 4) ,....".,.,.",...,."",..,.,.".", Cotnptessjun te~t, mortl:Jr úyhndt::rs (set::> uf 3 Of 4) _......... _ . _ . . . . . . . . . . . _ . $ 90 60 ]2 2004 35Db52- VII. ASP HAL T AND PAVEMENT Asphalt Inspector ......... . .. . . . . .. . . . . . . . . . . . . . .. .. . . . . .. . . . . . . . .. .. . . . . (per houl") $70 Asphalt s~n1plel' ......................................................... (per hour) 70 BITUMINOUS MA TERIALS, ASPHALT, ROAD OIL TESTING AC mix design IIVEEM method . . . , , , , , , Marshall method. . , , . , . , , , , , . , , , , ...._,., . . . . . . . . . . . . . . . . . . . . . . - $2,500 2.500 ..""....."""",."-""..."",, Inc.ludes: Material evaluation, sieve-analysis, srecine gravity, sand equivalent; LA R3ukr, CKE, and percentage of crushed particles, Asphalt content bitumen percentage ASTM-D2172 «(;~ßtrj[u8e TTiethQd) CAL"!"· 362 (vacuum method) . , . , . . CAL T - 382 (ignition methud) -,..-.... . . . . . . . . . . . . . - . ............ 200 200 200 ,.,..,..,."""""""""""", ............-........-. Mùi::õluE't content _ . _ . _ . . . . . . . . . . . . . . . _ _ . Gndatìon of cxtraçtcd sample "..",.". , , , , . , , . , , , , . , . , . . Film stripping (ex,eludes specific gravity of aggregate) .....",.,.".,."",.""" S:we]J test, CALT - ;;05.". .., _"........ ,_. _, ".......,. _. Stabilometer value CALT . 366 . . . . . . . . . . . . . . . . , . , . . , . , , , , , , , , , , , . Specific gravity of compacted sample Of core . _ . . , . , , , . . . . , , , , , , , . , . , . Specit1c gravìty of asphalt eoncrctc ASTM D~2041, rice mcthod , , , , , , , , , . , , , . , . Moisture vapOJ:" sU5ccptibìlity, CAL1- 307 """"""",.".".. _ . _ . Sutfa(;t. abrasion of eÚJrJpacred bit"lllnh¡úus mixtUJ'ts, CAL T - J 60-A or B, Per set of 3 ....",.."..,.,.."........,.".."",.,. Index of re"¡ned 'trcngth. ASTM D" 1074. f)-I 075 P(:r !iel of ó (lab-mixed !1amp1c::s - noL including mix ùt=sign) . . . . . . _ . . . . . _ . . Maxinmm density of asphalt conercte~ CAL T ~ 375 (average of 5 specimcns) .""""",.",.. Marsh.all stability I:lnd plasbc fl()w ofbitumiJ)(1I,J.!i m!:l,~rials, ASTM D-1559, Per set of 3 (1ab-míxed samples. not incllldíng mix design) ,.."""""..,."",. . . . . . . . - . 40 100 70 90 160 40 200 160 .......". 400 360 340 240 S"¡"cnt!t, Qp~" fin in "l!ntfi:¡iIlS ~~'·l!:rflll!j"fhe.H! U~fj, (jrlt ¡fe~i¡;nilltrllu "HIli,//rl((I{J Wlnft" luta R"~ $uhJ!(!1 t(J di.fp'Hi¡Jf~~!J, 13 2004 3Lo Ob'5'L VITI. MISCELLANEOUS LUMBER Specific. gravity and shri11kage, ASTM D-143 Moisture content of wood AS1'M D-2016. mothod "A" (oven dlY)., " '" ASTM D-Z016, method ""8." (ch=ctronic meter) . .... ., """. ......."...""",,-,-,,- $95 "....""" )5 20 ........ PLYWOO!J ...."". . . . . . . . - . Q\whltiun $60 Plywood glu~ 5hear test, ASTM D-805 . . _ . . . . , , . , , Moisture absorption of pJywood, ASTM .0-805 . . . . . . . . . . , , ........""""...." CAL/BRA TION Torque wrench. _ . . Jack . , , , . , , , . ........",.",. ........""",.,. S150 110 . . . . . . . . - . .................""".... GLUE.LAMlNA TED TIMBERS . . . . . . - . $40 40 40 60 Finger joint œn!Ìion test, AlTC Test 106 (prcparatioJl not induded) . BcndiI1g test for end joints, AITC te(i.t 105 . . . _ . _ . _ . . . . , . , , , . . , . Adhesive spr~!:I.Ù measurerr'Jtmt, AITC te!òt 102 . . . . . . . . . . , , . MùiHl1re content and specit1c gravity~ ALTC t~st ] t J. ASTM D-!W5-72 ........,.". ............ ........."" GAL VA NlZED COA TING' Weight QfEalvani7.~d c()ating, ASTM A-90 ........,... .............,.,.. $65 FIREl'ROOf'ING FÎI-cpl"Uofing inspector. . . . . . . . . . . . . . . . .. . . . . .. .. . . . . .. .. . .. . . . . . . . . . ... . . . . .. (ptr hout) S70 Dry density. AS1'M E-605 (03Cn) ............., ..........,.,..,." $50 14 2004 " 3 '7 ~52- ,,....-. EXHIBIT 1 OF AMENDMENT TO AGREEMENT BSK ASSOCIATES 2003-2004 PROPOSED RATE CLASSIFICATION T ech/l nspector $ 70 Staff Engineer Project Engineer 90 110 Administrative Support 40 Sieve Analysis 2003-2004 PROPOSED RATE $150 120 LABORATORY SERVICE Compaction Curve Concrete Compression 70 g:engrlBSKlE'xnlblt 1 ameMment 03-04 BSK -3ß t> 52- 1181 Quarry Lane, BUilfnh9 300 Pleasanton, CA 94566 (925) 462-4000 . FAX (925) 462-6283 January 27,2005 Ref.: Dublin Annual Contract (GPOS-OOS) Ms. Melissa A. Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, California 94568 Subject: Comments on Revised Consultant Agl"Cement and Proposed Fiscal Year 2005-2006 Rates ,U::tEIV!î:tJ IFEB 0 2 Z00!1 PUBUC WORKS Dear Ms. Morton: We have reviewed the revised consultant agreement received with your COver letter, dated December 22, 2004. The only comment we have about this updated agreement concerns the compensation clause, Section 2. We would like to see this section state that BSK Associates (BSK) wiU submit a cost estimate for our services for each task order received from the City of Dublin based on our understanding of the project nature and requirements. However, the actual biUing may differ from the original estimate as a rcsult of unforeseen encOImtered site conditions, weather impact, workscope change and other factors beyond Our control. 10 response to your letter of January 7,2005 regarding Fiscal Year 2005-2006 Contract Rates, We propose the following: I) Our fee schedule for Geotechnical Consulting and Material Testing Services for Fiscal Y car 2005- 2006 will stay \U1changed except for TechnicianlInspector level, as shown in table below. Because of inflation and the Prevailing Wage nature of work involved, this ratc will be increased from $70/Hour to $75/Hour. Classification Current 2004-2005 Proposed 2005-2006 Percent Change Rate Rate Principal . $140 $ 140 No Change Senior Professional 120 ]20 No Change Project Professional n 110 110 No Change Staff Professional and 90 90 No Change Supervisor . Field 70 75 7.1 % Technician/Inspe"ior Word Processor 40 40 No Change Laboratory Compaction 150 150 No Change Curve Sieve Analysis 120 120 " ~, Concrete Compression 70 70 Geotechnical Engineering' Engineering Geology' Environmental Services' Construction II A TT AUBMßNT Z, . 3<=1 öt?2.. Dublin Annual Contract Fiscal Year 2005-2006 January 27, 2005 Pa¡¡;e2 The impact of the proposed rate adjustment is also illustrated below: 2004-2005 2004-2005 Total 2005-2006 Tutal Percent Classification Hours To Rate Cost Rate Cost Change Date Tech/Inspector 300 70 21,000 75 22,500 7.1 Proj. Engineer 40 110 4,400 llO 4,400 0.0 Senior Engineer 20 120 2,400 120 2,400 0.0 Admin. Support 30 40 1,200 40 1,200 0.0 Cumulative Effect . 29,000 30,500 5.2 2) A complete set ofBSK's Fcc Schedule is attached which will be part of the new consultant agreement. Weare not requesting any further contract language or scope of work change for the upcoming 2005-20066 Fiscal Year except as noted above. * * * We look forward to continue providing our services to the City of Dublin. We would be happy to sct up a meeting with you and/or your staff to discuss the potential workload for the upcoming year at your earliest conveni encc. Respectfully Submitted, BSK Associates r:j,/Kk~!C~J Y. Alex Eskandari, P.E. Manager, Geo-Environmental Services Y AE:yae (G:\Geotech\ComractsIGP05-005 (D/lbli11 Omtract & FY 05~06 Rates). wpd) Attachment; BSK Associatcs 2004 Fee Schedule BSI( ~ ,- 1..\0 ~5"Z- STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin; California, as ofl.]ûNE // ,1996, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and BSI: & ASSOCIATES ("Consultant"), who agree as follows: I. SERVICES. Subject to the terms and ~onditions set forth in this Agreemcnt, Consultant shall provide to City the services deseribed in Exhibit A. Consultant shall provide said serviccs at the time, placc, and in the manner specified in Exhibit A. ' 2. PAYMENT., City shall pay Consultant for scrvices rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B shall be thc only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then aécording to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EOUIPMENT. Except as set forth jnExhibit C, Consultant shall, at its solc cost and expense, furnishall facilities and cquipment which may be required for furnishing " services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAl, PROVISIONS. The general provisions set forth in Exhibit D are part of, this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other tcrm or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SI JRCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertincnt to this contract shall be subcontracted without writtcn authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. C:H A NGES. City may ftom time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for ,the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Consultant shall be ALEX Y. ESKANIJARI 9. CONTRACT AnMINTSTRA TION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondcnce shall be directed to orthroughthe Administrator or his or designee. ' Agreement Page I of2 05/06/96 ATTAUlDlßNT 3. ,~ ~, L1\ 0652. 10. NOTICES. Any written notice to Consultant shall be sent to: ALEX Y. ESKANDARI MansKer ~ Geo~echnical Services BSK & Associates 1181 Quarry Lane. Bldg. 300 ' Pleaasn~on. CA 94566 Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box2340 Dublin, CA 94568 Executed as of the day fust above stated: CITY OF DUBUN, a municipal corporation Byr¡;ç,n .~(, b- . tlCi 11 Approved as to form: ~lWL y. ~~ City Attorney Agreement Page 2 of2 05/06/96 ;.; ,~ .....-.~. 't2OV52- To provide geotechnical peer revi~ of soils and geologic reports for private development projects, provide testing and field observations and attend meetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project by project basis for peer review and geologic reports for private development projects, provide testing and field observations and attend meetings as requested.. Exhibit A Page 1 of 1 o¡::,lndIQ¡::' EXHIBIT A SCOPE OF SERVICES AND SCHEDULE (GEOTECHNICAL) """" . . 1-\ 3 0-052- EXHIBIT B PAYMENT SCHEDULE City shall pay Consultant ona lime and expense basis not to exceed the total sum ofFIFTY THOUSAND DOLLARS ($50,000) per year for services to be performed pursuant to this Agreement Consultant shall submit invoices at the end of project based on the cost for services performed. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant 10 this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incUfTed by Consultant in rendering services pursuant to this Agreement City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contraet price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Con:¡ultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on .such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Consultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shall maintain adequate logs and timesheets in order to verify costs ineurred to date. The Consultant is not authorized to perform any services or incur any costs· whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. ' Exhibit B Pagelof¡ 05/06/96 ~ ....-., L\ l\ Cb 51.... EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasouably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility which may involve incurring any direct expense, . includin¡;¡, but not limiting the generality of this exclusion, long-distance telephone or other commurncation charges, vehicles, and reproduction facilities. Exhibit C Page 1 of I 05/06/96 .~ ,.-... L\ 5" Þb '=:> 2.. EXHIBIT D GRNERAL PROVISIONS . . 1. fNDEPRNDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shal1 not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which . Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES' PERMITS: ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all time¡¡ during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the perfonnance of services pursuant to this Agreement as may be reasonably necessatyfor satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. fNSURANCE REQTJTRRMRNTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. . A. Minimum Scone ofInsurance. Coverage shall be at least as broad as: (1)' Insurance Services Office form number GL0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services. Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). Insurance Services Office form number CA 0001 (Ed. 1/78) eovering Automobile Liability, code I "any auto" and endorsement CA 0025. Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits ofInsurance. Consultant shall maintain limits no less than: (2) (3) (1) (2) Exhibit D Page I of4 05/06/96 General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the. general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. . ~ ~ r--, 4 Lo Db '5 '2.. Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1 ,000,000 per accident. C. Deductihles IInd Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing . payment oflosses and related investigations, claim administration and defense expenses. (3) D. other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Lia.bility and AutomobiJe Liability Coverages. Exhibit D Page 2 of 4 05128/96 (a) The City, its officers, officials, emI?loyees and volunteers are to be covered as insureds as respects: liability ansing out of activities perfonned by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or a.utomobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection . afforded to the City, its officers, officials or employees. The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials and employees.· Any insUrance or self- . insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insuranee and shall not contribute with it. (b) (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. (d) The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work perfonned by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. '7. --, ~, 4ì ~'5"2.. Each insurance policy required by this clause shall be endorsed to state that . coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior writtenllotice by certified mail, return receipt requested, has been given to the City. E. AcceDtabilitv of lnsnrers. Insurance is to be placed with insurers with a Bests' rating of no less than A:VIIr. F. Verification of CðverB\."e. Consultant shall furnish City with certifiea-res of insurance and with original endorsements effecting coverage required by this clause. The certifieates and endorsements for each insurance policy are to be signed by a person authorized by that insurer.to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. H. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. ... 5. CONSt JL T ANT NO AGENT. Except as City may specify in writing, Consul~t shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. ASSIGNMENT PROHIBITED. No party to this Agreement may aSsign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. . PER SONNRI " 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 removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultlwt 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 in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's. profession. 6. 8. HOLD HARMI,RSS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, O¡l acCOllJlt of, and to the extent caused by, the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Con.su1tant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from, and to the extent caused by, the negligent performance of the work. TIris paragraph shall not be construed to exempt the City, its employees and offieers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties Exhibit D . Page 3 of 4 OS/28/96 9. ,-., /"""", ~ , L\ß Db5'- hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration.. . Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENT AT, RRGTJLA TION!';. To the extent that this Agreement maybe funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the tenns of such fiscal assistance program. 11. DOCT JMRNTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be perfonned h~reunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, cOpYrights, or patent rights by Consultant in the United States or in any other COWltry without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of4 05/28/96 -. - tic\ O"b'5l- EXHmIT "A" OF RESOLUTION~-98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK AND ASSOCIATES FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BSK and Associates (hereinafter referred to as "CONSULT ANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional one·year period (terminating June 30, 1999); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. CITY OF DUBLIN ~ BSK AND ASSOCIATES . 1lßx. (Y~ \ Date: 6(/1 c¡ 'g --.. .-' 50 Db~ '2... EXHIBIT "A" OF RESOLUTION MØ...-99 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK AND ASSOCIATES FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BSK and Associates (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to e¡ctend the term of said agreement for an additional two-year periodiítê,t1t¡ij.løliJr#í.~0;.kiJ01);i' . NOW, THEREFORE, the parties hereto agree as follows; - Extension of Term The term of the agreement shall be extended until June 30,2001. Consultant shall be entitled to submit a request for an adjustment of rates for the second year of the . . contract term; i.e., 2000-2001 fiscal year. . CITY OF DUBLIN ~~ BSK AND ASSOCIATES . ~CX~AJ/~ Date; EXHIBIT "A" OF RESOLUTION ~-Ol AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK AND ASSOCIATES FOR GEOTECHNICAL SERVICES 51q;s'- " WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BSK and Associates (hereinafter referred to as "CONSULTANT"), entcred into a one-year agxeement on June 11, 1996, to provide engineering services to CITY; and WHEREAS, through two subsequcnt amendments, the term of the agreement was extended through junc 30, 2001; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year pcriod (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Terrri The term of the agreement shall be extendcdt¡nt.il June 30,2003. Adiustment of Rates Thc rate schedule attached hereto shall be effective for the 2001-2002 fiscal year. Consultant may propose a further adjllStrnent of rates for the second year of the agreement term. Consultant shall be entitled to submit a request for an adjustment of rates for the second y'ear of the contractterrn; i.e., 2002~2003 fiscal year. , CITY OF DUBLIN BSK AND ASSOCIATES ,¡}to.&/Ø1;~ Date: 7/Z-ð /"/1 \ RECEIVED Jûr 2"4azõð'rndmentOl , PUBLIC WORKS ~I' 'I ~ ) . EXHIBIT "A" OF RESOLUTION /3;2. -03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BSK ASSOCIATES FOR GEOTECHNICAL SERVICES . - 52 Db':::J "2... " WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and BSK Associates (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide engineering services to CITY; arid WHEREAS, through two arriendments, the term of the agreement was extended through June 30, 2003; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an adclitional two-year period, terminating June 30, 2005; NOW, TAEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement sha1l be extended until June 30, 2005. Should a new agreement or amendment to agreemCJit to extend the contract not be CJitered into by June 30, 2005, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination , Not to Exceed An upper limit shall not be esta:bIished for the dollaryalueof work performed by Consultarit within a given year; however, Consultant sha1l provide a per-task estimate and shall be required to obtain written authorization from City prior to perfurming tasks under this Agreement. Adiustrnent of Rates The rate schedule attached hereto shall be effective for the 2003-2004 fiscal year. Consultant may propose a further adjustment ofTates forthc second year ofthe agreement term. Consultant shall be entitled to s1¡bmit a request for an adjustment of rates for the second year of the contract term; i.e., 2002-2003 fiscal year. cL ATTEST: BSK ASSOCIATES "·If~~~ Date: Î /3/1 ð s s:engr con_""'klomondment 03·04