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HomeMy WebLinkAbout4.05 Geotech Svcs Agmt Berlogar CITY CLERK File # D~[Q][Q]-[a][QJ AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 19, 2007 SUBJECT: Amendment to Agreement with Berlogar Geotechnical Consultants for General Geotechnical Services Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) Resolution, together with Exhibit "A," Amendment Current Agreement RECOMMENDATIO~ FINANCIAL STATEMENT: ~Adopt the resolution approving the amendment to the Agreement. Under this Agreement, the consultant provides general geotechnical services to the City based on the adopted rate schedule. The types of services typically performed include planchecking and peer review for private development projects, and soils engineering for Capital Improvement Program (CIP) Projects. These services are either paid by developers or budgeted within each CIP project. Per Section 2.9 of the Agreement, the consultant is allowed to request a 3.1% rate increase for Fiscal Year 2007-2008 based on the February Consumer Price Index (CPI) for Urban Wage Earners for the San Francisco-Oakland Bay Area for February 2007. DESCRIPTION: Berlogar Geotechnical Consultants has provided geotechnical engineering services to the City since 1996. Services provided have typically been in the areas of peer review for private development projects and Staff support and testing services. The current Agreement was approved on July 19,2005, and was for a two-year term, terminating on June 30,2007. The proposed amendment will extend the agreement for an additional two years, terminating on June 30, 2009, and grant a 3.1 % rate increase as allowed by Section 2 of the Agreement based on the February CPI for Urban Wage Earners for the San Francisco-Oakland Bay Area. The consultant did not request a rate increase for Fiscal Year 2006-2007. COPY TO: Frank Berlogar, Berlogar Geotechnical Consultants ITEM NO. 4.; Page 1 of2 G:\CONSUL T ANTS\berlogar\agstamend 07 -OS.doc Under this agreement, Staff typically obtains a not-to-exceed proposal from the consultant for each project. Costs for development-related projects are paid for by developers, and costs for CIP-related projects are budgeted within each specific project. The work performed to date by Berlogar Geotechnical Consultants has been satisfactory, professional, and competitive, and Staff recommends that the City Council adopt the resolution approving the amendment to the Agreement. Page 2 of2 /1cJf RESOLUTION NO. - 07 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ********* APPROVING AMENDMENT TO AGREEMENT WITH BERLOGAR GEOTECHNICAL CONSULTANTS FOR GENERAL GEOTECHNICAL SERVICES WHEREAS, the City of Dublin, State of California, entered into a two-year agreement with Berlogar Geotechnical Consultants on July 19, 2005, to perform general geotechnical services; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2009, allowing Berlogar Geotechnical Consultants to request an adjustment of rates for the second year of the term; and WHEREAS, Consultant is requesting an adjustment of rates for Fiscal Year 2007-2008 as allowed by Section 2 of the Agreement; and WHEREAS, for future years it would benefit both Berlogar Geotechnical Consultants and the City of Dublin to utilize the December CPI for Urban Wage Earners; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement with Berlogar Geotechnical Consultants, which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment to the Agreement. PASSED, APPROVED AND ADOPTED this 19th day of June, 2007. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk 1l""'::Jf If . 5 ~11.:l/ 01 (Y~ A'l'fACIDIDT , . G:ICONSULTANTSlberlogarlreso amend 07-08.doc c} ~ tll EXHIBIT" A" OF RESOLUTION -07 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL ENGINEERING SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Berlogar Geotechnical Consultants (hereinafter referred to as "CONSULTANT"), entered into a two-year agreement on July 19, 2005, to provide geotechnical engineering services to CITY; and WHEREAS, CITY and CONSULTANT wish to extend the term of the agreement for an additional two years, terminating June 30, 2009; and WHEREAS, CONSULTANT has requested an adjustment of rates for Fiscal Year 2007-2008; and WHEREAS, for future years it would benefit both Consultant and the City of Dublin to utilize the December CPI; NOW, THEREFORE, the parties hereto agree as follows: Section 1. Extension of Term The term of the agreement shall be extended from July 1, 2007, to June 30, 2009. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2009, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or CITY gives written notice of termination. Section 2. Adiustment of Rates The rate schedule attached hereto as Exhibit 1 shall be in effect for Fiscal Year 2007-2008. Section 3. Modification of Section 2 ofthe Agreement For future years, the CPI index for the month of December shall be utilized to determine the rate adjustment for the following fiscal year in lieu of the index for the month of February. CITY OF DUBLIN BERLOGAR GEOTECHNICAL CONSULTANTS Janet Lockhart, Mayor ATTEST: City Clerk Date: S ( J D \91 G:\CONSUL T ANTS\berlogar\amendment 07 -08.doc mIBIT ~ To the Resolution 8~021 BERLOGAR GEOTECHNICAL CONSULTANTS 2007-2008 FEE SCHEDULE 2007 -2008 PROPOSED CLASSIFICATION RATE Principal Engineer $ 193 Principal Geolgogist 193 Associate Engineer 163 Associate Geologist 163 Senior Engineer 144 Senior Geologist 144 Staff Engineer 132 Staff Geologist 132 Supervising Technician 134 Laboratory Technician 100 Senior Engineering Technician 100 Engineering Technician 91 Draftsman 90 Word Processor 61 Clerical 43 G:\CONSUL T ANTS\berlogar\Exhibit 1 fee schedule 07 -OB.doc . , CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN (~City') and BERLOGAR GEOTECHNICAL CONSULTANTS ("Consultant") as of July 19, 2005. Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall proVide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or 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 otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as 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 Assignment of Pel1onnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Cityj 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 perfonnance 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 Consultanfs obligations hereunder. Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2. COMPENSATION. An upper limit shall not be established for the dollar value of work performed by Consultant within a given year; however, Consultant shall provide a per-task estimate and shall be required to obtain written authorization from City prior to performing tasks under this Agreement. City hereby agrees to pay Consultant for each task, as authorized by City, notwithstanding any contrary indications that may be contained in Consultant's estimate, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 1 of 14 Lr 1),1 ATTACDIIT Z. 'r .6 i;21 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 perfonned by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultanfs estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: . Clear numerical identification, with no duplication of numbering; · The beginning and ending dates of the billing period; . A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; . The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by 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 Pavment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants JUly 19. 2005 Page 2 of 14 y unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.5 Reimbursable ExDtnses. 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 even't 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 City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U.S. Department of labor, Bureau of Labor Statistics (Index) which is 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 innial 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 $150.00Ihr 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. Consulting Services Agreement between City of Dublin and Bertogar Geotechnical Consultants July 19, 2005 Page 3 of 14 6~J,' 110'2/ City shall fumish physical facilities such as desks, flling cabinets, and conference space, as may be reasonably necessary for Consultanfs use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facHities 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 expensej shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self.insurance complies fully with the provisions of the California Labor Code. Detennination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or 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 for loss arising from work perfonned under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by mail has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liabilitv Insurance. 4,2.1 Genera.l requirements. 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 occurrencej combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 4 of 14 3~~ an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such 'coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles, 4.2.2 Minimum SCODe of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11188) or Insurance Services Office fonn 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 addRional 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 polley 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, return receipt Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19,2005 Page 5 of 14 C/ ~ 0(1 requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.3 Professional 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 requested, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown and musl 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 policy 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 policy, if the Consultant cancels or does not renew the coverage, d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 AcceDtabiliw 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 coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19. 2005 Page 6 of 14 J 0 ~ o?J endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reselVes the right to require complete, certified copies of all required insurance policies, 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 slated herein. 4.4.4 Variation. The City may approve a variation in the foregoing insurance requirements, upon a detennination 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 Deductible! and Self.lnsured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions wIth respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction In Coveraae. In 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 fourteen days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required. City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: · Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 7 of 14 . Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, untIl Consultant demonstrates compliance with the requirements hereof; and/or · Terminate this Agreement. Section 5. INDEMNIFICA liON AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation 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 indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements 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 benefits 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. STATUS OF CONSULTANT. 6.1 IndeDendent 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 Consultanfs 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 entiijed to, and hereby agree to waive any and all claims to, any compensaUon, benefit, or any incident of employment by City, including Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19. 2005 Page 8 of 14 I) ~Jl I A-~;2J but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent Except as City may specify in writing, Consultanl shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 ComDllanee with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 other Governmental Reaulatlons. To the extent thai this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents to City that Consultant and its employees, agents, and any subcontractors h.ave 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 Consuttant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies) rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but 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 Berlogar Geotechnical Consultants July 19. 2005 Page 9 of 14 fJ~oLl Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. . Consultant may cancel thIS Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation. In the event of termination. Consultant shall be entiHed to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for In Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that. if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8A Asslanment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for hereIn, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 ODtions upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19,2005 Page 10 of 14 I~ ~ 021 8.6.2 Retain the plans, specifications, drawings, reports, qesign 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, fries, or any other documents or materials, in electronic or any other fonn, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date affinal payment to the Consultant to this Agreement. 9.3 InsDectlon 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 audK 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 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 11 of 14 !5~JI party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest,. as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement thai would violate Califomia 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 fonning 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 Berlogar Geotechnical Consultants July 19. 2005 Page 12 of 14 16 ~~I may be subject to criminal prosecution for a violation of Government Code ~ 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Melissa Morton, Public Works Director ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Frank Berlogar, President Berlogar Geotechnical Consultants 5587 Sunol Boulevard Pleasanton, CA 94566 Any written notice to City shall be sent to: Melissa Morton City of Dublin Public Works 100 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 for the report/design preparation. The stamp/seal shall be in a block entiUed .Seal and Signature of Registered Professional with report/design responsibility,' as in the following example, 10.12 Inteqration. Thi 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 agreements, either written or oral. Consulting Services Agreement between . City of Dublin and Berlogar Geotechnical Consultants July 19, 2005 Page 13 of 14 Janet Approved as to Form: v!tzu~/[. 7K: J;( Elizabeth Silver, City Attorney G:\CON6Ul T ANTS\l)erlcgllMaw consulting egreement 011905.doc Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants - P,~\cb1t JUly 19, 2005 Page 14 of 14 }'11 )1 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. Consulting Services Agreement between City of Dublin and Be~ogar Geotechnical Consultants-Exhibit A July 19, 2005 Page 1 of 1 /8 ~J) EXHIBIT B COMPENSATION SCHEDULE Compensation shall be paid per the attached Fee Schedule(s) entitled, 1<2005-2006 FEE SCHEDULE." G;\CONSUl TANTS\beI'logat'lnew ClOf'I8UIUng agreement 071906.doc Consulting Services Agreement between City of Dublin and Berlogar Geotechnical Consultants--Exhibit B July 19, 2005 Page 1 of 1 /q '1 r2) dD 1 ell BERLOGAR GEOTECHNICAL CONSULTANTS 200S-2006 FEE SCHEDULE ~~I IDll!oo.Jlg~!J:jQu! pnnclPOI Engineers and Geologi6~ ,. ..... ........... ,..., ,.,... '.... ......i.......,....,......., .,.., ..."..,.............,;..,.. ....."....................,.,.......,." ,................,... S 18 7.00 As50claie Englneel& and Geologists ................ ,......,..................,...,............. ..... .........,.,........... ,..... ....,., .,...,............" .,.........,.............. .......... 158.q.O Senior Englneer& and Geologists..... _.......,.....,.,.."._.......... ,...... ..................." ......_,......,.,.. ......... ..,.......,., .,.... ,............, ...........,.................. .,.... 140.00 Project Engineers and GeoIagls1$...,........................,.,....,............. ......., .......,.. ......... ....., .......,...,.,.,... ,.....,....., ...........,.,............... ......... ..... ..... 128.00 SlaT! engineers one:! Geologists................... ..... ........,. ,...... ................,..........,................,.............,..... "..,.,................., .:..,......,.............. .....,-... 115.00 ~~~:;: i~~~~~.:::::::.::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::.:::::::::::::::::::::::::::::::::::.~~~:~~ Senior Engineering Technicians .. ....,..., .............,......,...,..., ...........,....,....,. ,.." ................, ..... ........,.........,.....,.... ,.............,......,....,.. ..... ...........,.. 97.00 Engineering TQCnnlclans .. ....,.........,. ................,..........,.... ..........., .........,....., ..... ..........., ............., .......,.,...,.. ...............,....;....,. .._. _. .._.. ......,....... BB. 00 Computer nme......,........,..............,. ................,...".,.,....,.,............... ...."..,......,.,..........,...........,., ..... ,. .."...., .......... ........,...,..,. .....'.... ............,..28.00 Draftsman """ ........", "" 10... "'....... 11., 00"" II...... Of'...... ..,_, u,. I....'. ......... ..... '10.10.......... ....... .... ......... "" I... II.... oj,.' "If I. .ul'.H...t 01' '.11..... It' ....,........... ",87.00 Word Proc8SsQ"'. ..".,..... II.... II...... '.11., ...... "......,........ .......,.........,... .,.......,."...,.,. ,.... .fI......'., '......,...... ,......." ,."...... ..".. t.. ..I."'" I" p"'"'' ,........ ,.. .,59.00 Clertcal. tI'. t.. oj' ....... ".'t to............... I.... ..........,. ,., .,.,... If.... 01'.'...... ........... '...... ......,... ,:....6.1 ..... tt .......".. ...........",,,........ ..,.... .,... 00"" ........t.....,.. If.... tI' 42.0D OlJl$lde SeNiCe6 ,......,.......,.........,..,....................... ........,.,..,... ....... ................... ................, ......,.".... ,....................,...........,. "......,....,... .Cost + 20% Vehicle...,..........,.,....,.,....., .........,..,...........,.,...,.._.. ...._,..,.,..,........ .....:.,. ..,. ........................, ......,...............,.. .'........' ,. _. .......,. ........,.,............ 51 c/mlle Nllcleor Oenslly GoI.Iga (Two-HOJI' Minimum). ..,.............'.,........ .......,..,....,.......... ............._._.... .,......... ......,......... ,..,............ ........... ,........' ..... ,..10.00 Protan Magnetometer ,......... ,.. ......, .............., ..................,.... ".............,....... ,.............,............ .,.............""......., ,..,................................ 135,OO{dot Seismograph (12 Channel) ...,.. ...,.... ............ .............,......,............. ..,.... ...,.................,...., ,.......,.,........,,,..........,. ,..........................,....,... 367 .0OfclOV Slops indicator ......,.., .,.... .,., .'".............. ._u...... t It. .1... t.. 'h., _... to....... ",.l tf II It.... I.... II......... ....,....... ....,.. ....,.. ......... ". U"" ..'10'..... .... ..... .,....... ,. 1 70.0Qlc;:kJy" Sol'idex Ins1!urnent .,."., .....,...,...................,....,..........,., ......,.............,..,.,....,.....................,.."...",.,.,........... .....,. .......... ........ ,....... .......,.., 125.00/day Shoring...,.",.. ...,....,..'.,... .:....,...................,..... ... ...._....,.. ..................,....,........................,.............,.,..." ..........., ......:,.... .......,.. ......... ,...... 109 .OO/day Water Pump..........." ...... .......,.... ..._... ....,............ .........,., ...... ............,...."......,................,.,...........,.,........... .....,..........". ......,..... ......,........3 J .OO/doy Coril"l;j MOchlne,.,............,....,...., ....... .......,...,..., .;....,.,..,...... ........,.......... ,.... ......,..... ......................,. "..............'.....'............,.- .. ,-.............. 78.OOIdOV Piezometer Reod-out Unit,.,.......,.,.........,....,.,.,.,......,. .....,.......'......... ............. .................... ,......, ...................,........,........................... .... 156.00Jday Settlement Transducer Read-0ut .,....... ,......, .,.,., .............,............ .............,.......... ,.... ...... ............ ................."... ,. ...,. ........'..... ........... ..... 156.0Clday Overtime work perlormed at 1he request 01 the Client or necessltoled by Contraotor worldng overtime will be billed 011.5 1)('I1eS the ~ourly rotes listed above. Expert wltnes.s tesllmony/dep06ltlon mlnlrnum charges: $2,300/day, $1.500m0Il-doy; preparation 01 applicable hOurly roles. L1m~al10ns BEnLOGM GEOTECHNICAL CONSULTANTS provides selVices In tria field of SoU EnglneElllng - Englneer1ngGeology. In accordance with presenllyaccepted professional pracilcss, No warranfy, either expressed or Implied, Is granted as pdrt of pertormonoe of our work, . For any damage on occount 01 any enor, omission or other professional negligence, our IlabI!lfy wlll be limited to 0 sum 01 $50.000 or our lee, .....hlchever Is greater. In the event the Client makss a claIm against BERLOGAR GEOTECHNICAl CONSULTANTS Qt low or otherwise, for any olleged error. omission or other aelll orising out 0/ the pertormonce of our pro/e6$lOnaI SeMCe8, and the Client falls to prove such c1cllm. then 1ne Cllent shall pay all coilt3lncufed by BERlOGAR GEOTECHNICAL CONSULTANTS In dsfer1dlng nself agc::lInstthe cialm. 9n-~ltli ll)ve.sllgallon CondHlons 10) Cnent shalllndlcole io Cons~nt the property lings and Is responsible lor accuracy 01 marKers. (b) Client ShOll granl/roo acceGs to lhe 611e for 011 necEls5ary equipment and personneL The Client shall notlfy any and a~ possessor6 or Ine project site, whether they be lawfully ar unlawfully In possession, ihat CII~t hos granted Consultant free acoess to 1l1e project site, and Client sholl SQCUCEl permission (and any permltsl neoe$$CIIV to allow Consul1ant free acceis to the projecl site of no ClYlrge to Consultant unless speclncolly agreed to otherwtse In me letter of proposal attached hereio. (c) Client sI'Iall toke steps to see that the properly Is protected Inside and out, InclUding 011 landscaping, shrubs and tloWelS, and Consultant will not be rsspOl18lble for darncJge to lawns, shrubs, landscape6, walks. sprinkler systemS. or underground ultlltle$ and Installatlan caused by movement oi earth or equl~ment. (d) Oient ai"lClll Iooate tor Consultant and sholl os&ume responsibility for the accuracy of his fBPI9SBl1tat1veS as to the locol1ons 01 ail underground utllltlss and Installations. Corlsultant wlll not be responslble tor domoge to any 6ueh utlUlIes or Installallons not so Iocaied, and any such damage may. 01 Consultonrs op~on. be repelred by Consultant ond bUled at cost plus 20 percent to CDam, $lJeh costs ore In addlilon to ihe fees defined by the proposal 01 whtch tl')ls Fee Schedule is a parr, (lOll Consullcmi will make borings and/or trenches dulng subsurtace explOration of the site. CCRUltantwill oIt8mptto bacldlU all boJIngs and/or trenches but will make no atlempt to compact said bac~flll so It Is prObable thclt wttlement 01 the backfU! will occur. Client hereby agrees to accept all respon6lbllity lor condlffons related to backlUI5eltlement. If Client requests. Consu/tqnt will rslaln a third party to cQmpClcl such backtlU. The charges thereof will be billed to the Cllent 01 cost plus 20 percent Such chOl'ges ate In oddl11on to ony amounts previously authorIZed by the Cllel'.1t. If) All samples of soil or rock wlR be dIScarded thirty days after submISSIOn of oor T8porf unless specific arrangements are pr8'liously made t:J{ Client, # d-J 1 Ji LaboratolV Tes1s IUnlt chorge fer laboratalytesllPlg Including the normallaboratcly work. and reportlng of resl.Jjts only. UnuslXll or ~me-consumng sample pteporatlon er speCial tests are billed at hourly chorge for the l<Jborotorv technician, Charge6" lor tes1tng which ore not Ilstedwm be given upon request. SimiiQrIV, a reduetion of fI'Ie Fee Scnedule rate can be given for a lorge N.lmber of tests). BlUing ~ ClassificatiOn TeU,a AItert::Jerg lImtts (PI & LL)..........................................,............... $130 Sieve Malvsis ........................... .,.,......,.......................,.,.. ......... 1 02 Percent POIl8!ng #200 Sieve....................................................... 53 Hydrometer Analysis. ........................,. ..... ..,...,. ......... ................ 125 50nd EqulvOlent. ,...................,.........,.....,........ ........,................107 Specific Gravliy...,..................".............".......................,......... 129 Bulk.Speclflc Gravl1y................................................................. 110 MoL;l1.Jre ContentlUnltWelght ......................,..............................1 b COmooction 9urves A. 4-lnGh MOld ............................................................,............203 B. 6-lnch Mala .........................................................:..........,.... 237 C. Collmpact (Wetl................................................................. 203 D. Cal mpoct (Ory).................................................................. 237 ~. 1 Point VertficallOn........................,....................,.................... 67 QuIQ~III1v Factor A. Fine ............................................................................."......192 B. COOfse....... ..,..................,.......................... .......................... 158 L.A. Rottler....., ...........:... .........,... .................... .........,................ 203 R-Value Tests Not R~u1rll1Q ReptoplDl'liOl'llng ......, .............,.................. .......... 270 Requiring Repropcr1\onlng ....,.,................................".....""",.. 306 Cement. Ume, Other ..............,......"........................................S06 Concrete I~ (Including moisture content and dry I,Jnlt we!ght Clelermlnotlons) A. comore6$lO(1 TQSts {set of 3 specimens)................"............... b4 6. Trlal Batch ..,........,...................,......,.......~.,..."....:...,.........,...820 BlUing ~ Shrlnl<lSweli Tasts (Including moisture content and dlY unit weight determlnotlons) A. Undisturbed.....................................................,.................. $ 85 B. Remolded ................................,.......................................... 164 SlTenl;!lh Tests (Including mol~re content and dry unit weight determinations) Direct 5t'1eor. Per Point A. Undisturbed .......................................................... 51 5. Remolded ........................................................... 102 TrlnxlCI ComoreSSIon. i'er Polnt A. Unconsolidated. Undrolned................................. 133 B. unoonsoUdated, UndraIned & Backsoturatlon...... 226 C. ConaolldOfsd, UndrOlned......,............................. 242 D. Consolidated, Urldralned & BackSaturated .........306 E. consoUoatad, Drained .,...................................... 239 F. Pore PreSSUle M8OSUfemen1s.................................. 79 G. Remolded specimens, Add, Per Point .................. 57 Unconfined 9omoreSSlOn A, Undisturbed .........................................................., 85 B. Remolded ........................................................... 135 Conso!ldollon Tes1s (Including motsture content ol1d dry unlI weight determinations) A. Undisturbed....................................................:.... 203 B. Remolded ......."......................."......................... 260 c. TIme CompressiOn Curve. Per Increment ..............51 !'\Sohamc co"ncrets A. Maximum Density ............................,,,................. 107 B. Exlroatlon.."..,........................."........................... 135 C. Gradation........................................................... 125 Soeclcl CondlVons )n the event Thot the Client reauests termlnotlOn or the work prlor to completion of a report, we reserve the rlght to complete suet1 anQlyS8lI and recOt'O$ os ore necessary 10 plcce our files In order and. where CONldered t:JV us nec8SsoJy to protect our professlonal reputoflon. to complete a report on the wak performed 10-<:101&. A termination charge to cover tns cost thereof In an amount not to exceed 30 percent ot 011 chorgEl$ Incurred up to date ot too stoppage of the work may, at the dlseretlon of BERLOrpAR GEOTECHNiCAl CONSULTANTS. be mode. All work Including letkn ond reports prepared by BERLOGAA GEOTECHNICAl CONSULTANTS sholl remain the sOle propsrly Of a~RLOGAfl GEOTECHNICAL CONSULTANTS until poyment In full Is received. ProjecI-relcrteO out-slde c0515 Inch.idlng: Equlpmem rental, ccnauttonts. specldl feeS, perrnI1s of ~uronce, mealS end ((xjglng end other slmSor l1erTls ore billed af cost + 20%. In llau of IndMduol1y cl'1al'\7llng lor: photo copies, tederol expresS, foostmlle. telephone and Clerical time a flat fee of 2% of totollobor will be charQ8d. Coplas of previously I$sued reports of up to 50 pages will be billed of $50,00 fOr the nr.ot copy, ond $40.00 for eoch additional copy. Specific quotes for largel' repor11 orIdIor reports oontalnlng drowtngs Iorger than 82 X 11 Inches. A new Fee Schedule IS Issued at the beglnnlng of eoch yeor. Unless other orrangemenlB hove been made. charges for 011 work performed after December 31, 2004. (Including projects Initiated In the prior year) will be basecl on the new schedule ot charges. WJUDg Invoices WItt be l:lsued 'Wery morrth. poyqble UPOl1 receipt, unless otnelWlse agreed. Cllerrt agrees to pay on receipt ail Invoices not questiOned within t8l1 days i;lfla' momng by 8E~LOGM GEOTECHNICAL CONSULTANTS. An! Questlons raised otter this ten-doy period will be Ol\Swered bV BERLOGAA GEOlECHNICAL C9NSULTANTS ond should OI'lY credit be due, BERLOGAR GEOlECHNIC6J. CONSULTANTS will apply the credit to future Invoices. er If re(juested by Client. refund any amount due. A service charge 01 two pefcent per month [but nat exceeding lhe maximum rote allowable by lawl Will be payable on on{QIT'oOU113 not pold within SO days. poyment thereafter to \:Ie applied ftrst to accrued Int8fElllt and then to the p~l1Cipol unpold amount. Arr>t otlomey's fees or othel COllis Incurred In ccllecting any delinquent Qmqunt shall be paid b'/ lhe Client. .