HomeMy WebLinkAbout4.03 Geology & Geotech Svcsor
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DATE:
TO:
FROM:
SUBJECT
STAFF REPORT
CITY COUNCIL
July 17, 2012
Honorable Mayor and City Councilmembers
Joni Pattillo City Manager""'
Approval of On -Call Geology and Geotechnical Services
Prepared by Nicole Gonzales, Administrative Analyst
EXECUTIVE SUMMARY:
CITY CLERK
File #600 -30
The City Council will consider approving consulting services agreements for on -call geology and
geotechnical services. The term of the Agreement shall begin on July 18, 2012 and shall end on
June 30, 2014
FINANCIAL IMPACT:
Under the agreements, the selected firms will provide for geology and geotechnical services to
the City based on the adopted compensation rates. Services provided for private development
are paid for by developers. Otherwise services will be funded by a specific Capital Improvement
Program project or the Engineering Operating Budget.
RECOMMENDATION:
Staff recommends that the City Council adopt the resolution approving consulting services
agreements with BSK Associates, Cal Engineering & Geology, Construction Testing Services,
Inc., Geocon Consultants, Inc., and Lai & Associates for geology and geotechnical services.
Submitted By Reviewed By
Director of Public Works Assistant City Manager
DESCRIPTION:
Staff has prepared and initiated a Request for Proposals (RFP) for on -call geology and
geotechnical services to eight companies that provide geology and geotechnical services to the
Bay Area, including some currently working for the City. The RFP specified that the selection
process would be made based on quality and completeness of the proposal, and proposer's
experience with engagement of similar scope and complexity.
The contracts will provide for services that may include geotechnical peer review of soils and
geologic reports for private land development projects and Capital Improvement Program
Page 1 of 2 ITEM NO. 4.3
projects, testing and field observations, and attendance at meetings as required. Geologic
and /or geotechnical engineering technical peer reviews of development projects to be reviewed
may include, but are not limited to: preparation of geotechnical and geologic reports, slope
stability calculations, grading plans and proposed remedial grading plans, site improvement
plans, retaining wall plans and calculations, creek stabilization plans, Storm Water Pollution
Prevention Plans (SWPPP), Geologic Hazard Abatement District (CHAD) proposals and plans
of control, interim grading reports and record drawings, geologic and /or geotechnical
engineering observations during remedial grading, field inspections, project coordination and
meetings with City Staff and developer's consultants. Geotechnical engineering services will be
provided for a variety of Public Works projects, Capital Improvement Program projects and /or
maintenance projects including roads, drainage, and other public facilities, and other tasks
associated with Public Works infrastructure design, construction, and /or operation as assigned
and directed by the Public Works Director.
While a total of eight geology and geotechnical companies were provided the RFP, it was also
made available on the City's website for those firms not included in the original mailing list. Staff
received a total of 14 proposals (Attachment 1). During the selection process, Staff took into
consideration the completeness and quality of the proposal and the proposer's experience with
engagement of similar scope and complexity. Staff selected five firms, based on their expertise
and ability, to provide the necessary services to the City. The term of the agreements will be
effective for a two -year period, beginning on July 18, 2012, and expiring on June 30, 2014.
The City's Purchasing Ordinance allows the selection of consultants based on considerations
other than price. Section 2.36.050A1 specifically exempts "specialized services, such as, but
not limited to, services rendered by architects, attorneys, engineers, and other specialized
consultants" from the competitive bidding requirements.
NOTICING REQUIREMENTS /PUBLIC OUTREACH:
A copy of the staff report was provided to each of the firms selected.
ATTACHMENTS: 1. List of Proposals
2. Resolution Approving Consulting Services Agreement with BSK
Associates, Cal Engineering & Geology, Construction Testing
Services, Geocon Consultants, Inc., and Lai & Associates
3. Exhibit A to the Resolution - Agreement with BSK Associates
4. Exhibit B to the Resolution - Agreement with Cal Engineering &
Geology
5. Exhibit C to the Resolution - Agreement with Construction Testing
Services
6. Exhibit D to the Resolution - Agreement with Geocon Consultants,
I nc.
7. Exhibit E to the Resolution - Agreement with Lai & Associates
Page 2 of 2
PROPOSALS RECEIVED
GEOLOGY AND GEOTECHNICAL
1. AGS
2. Alan Kropp & Associates, Inc.
3. Berlogar Geotechnical Consultants (BGC)
4. Cal Engineering & Geology, Inc. (CE &G)
5. Construction Testing Services
6. Engeo, Inc.
7. Fugro Consultants, Inc.
8. Geocon
9. Krazan & Associates, Inc.
10. Lai & Associates
11. Miller Pacific Engineering Group
12. Neil'O Anderson & Associates
13. PRA Group, Consulting Engineers
14. RMA Group
RESOLUTION NO. - 12
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING CONSULTING SERVICES AGREEMENTS WITH BSK ASSOCIATES, CAL
ENGINEERING & GEOLOGY, CONSTRUCTION TESTING SERVICES, INC., GEOCON
CONSULTANTS, INC., AND LAI & ASSOCIATES FOR GEOLOGY AND GEOTECHNICAL
SERVICES
WHEREAS, Staff prepared and initiated a Request for Proposals (RFP) for on -call
geology and geotechnical services; and
WHEREAS, Staff reviewed and selected the most qualified firms to provide certain
geology and geotechnical services on an as- needed basis; and
WHEREAS, it is proposed to enter into Consulting Services Agreements with BSK
Associates, Cal Engineering & Geology, Construction Testing Services, Inc., Geocon
Consultants, Inc., and Lai & Associates, who have all demonstrated the professional
qualifications and ability to perform the on -call services required; and
WHEREAS, under said agreement the consultant will be compensated for work
performed at the hourly rates specified in the agreement through June 30, 2014, and for an
amount not to exceed a total amount authorized on a task -by -task basis prior to the
commencement of work; and
WHEREAS, the agreement allows BSK Associates, Cal Engineering & Geology,
Construction Testing Services, Inc., Geocon Consultants, Inc., and Lai & Associates to request
an adjustment of rates for the 2013 -2014 fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Consulting Services Agreements with BSK Associates, Cal Engineering &
Geology, Construction Testing Services, Inc., Geocon Consultants, Inc., and Lai & Associates,
for geology and geotechnical services; and
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Agreements, attached hereto as Exhibit "A" through Exhibit "E."
PASSED, APPROVED AND ADOPTED this 17th day of July, 2012, by the following
vote:
AYES-
NOES-
ABSENT-
ABSTAIN-
ATTEST:
City Clerk
Mayor
G:I CONSUL TA NTSIRFP 2011- 20120raft Staff Reports & ResoslGeneral Civil and SurveyinglAttachment2 Resolution _Civil Engineering -Land
Surveying.doc
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, Inc., ("Consultant') as of July 18, 2012.
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, 2014, 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 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.
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, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A. Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• 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 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Rate Adjustments. 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
December. 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 $150.00 1hr
INDEX INCREASE (Assuming 1 %) 150 x.01 =1.50 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
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required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self - insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self - insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or 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 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 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 Liability Insurance.
4.2.1 General 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)
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per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
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.
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e. 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 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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so 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.
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4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. 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 policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance 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 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- Insured 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 Coverage. 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
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are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof, and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. 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 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;
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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.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, 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
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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.
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 entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
Consulting Services Agreement between July 18, 2012
City of Dublin and BSK Associates Page 10 of 14
8.6 Options 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;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires 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.
Consulting Services Agreement between July 18, 2012
City of Dublin and BSK Associates Page 11 of 14
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement..
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code 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
Consulting Services Agreement between July 18, 2012
City of Dublin and BSK Associates Page 12 of 14
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of 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 Gary Huisingh,
Public Works Director ( "Contract Administrator "). All correspondence shall be directed to
or through the Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Elizabeth A Levi
BSK Associates
324 Earhart Way
Livermore CA 94551
Any written notice to City shall be sent to:
Gary Huisingh, Public Works Director
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 entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, 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 July 18, 2012
City of Dublin and BSK Associates Page 13 of 14
CITY OF DUBLIN
Joni L. Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
GACONSULTANTStsUSK agmt geotech 071812.doc
Consulting Services Agreement between
City of Dublin and BSK Associates
BSK ASSOCIATES
Elizabeth A. Levi, Branch Manager
July 18, 2012
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
Services may include geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects, testing and field observations,
attendance at meetings as required. Geologic and /or geotechnical engineering technical peer reviews
of development projects to be reviewed may include, but are not limited to: preparation of geotechnical
and geologic reports, slope stability calculations, grading plans and proposed remedial grading plans, site
improvement plans, retaining wall plans and calculations, creek stabilization plans, Storm Water Pollution
Prevention Plans (SWPPP), Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and /or geotechnical engineering observations during
remedial grading, field inspections, project coordination and meetings with City Staff and developer's
consultants. Geotechnical engineering services for a variety of Public Works projects, Capital Improvement
Program projects and /or maintenance projects including roads, drainage, and other public facilities, and
other tasks associated with Public Works infrastructure design, construction, and /or operation as assigned
and directed by the City Engineer.
GAC0NSULTANTSIbsk\BSK agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and BSK Associates -- Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "2012 Schedule of Fees," attached hereto.
GACONSULTANTSNMBSK agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and BSK Associates -- Exhibit B Page 1 of 1
PERSONNEL RATES
PROFESSIONAL STAFF
Principal...................................................................................... ............................... (per hour) $175
Senior Professional /Senior Project Manager ............................ ............................... (per hour) 160
Project Professional /Project Manager ....................................... ............................... (per hour) 145
StaffProfessional ...................................................................... ............................... (per hour) 115
Project Assistant ....................................................................... ............................... (per hour) 65
GISSpecialist ............................................................................. ............................... (per hour) 95
Technical Illustrator .................................................................... ............................... (per hour) 75
Administrative Assistant/Clerical ................................................ ............................... (per hour) 60
TECHNICIAN (Non- Prevailing Wage)
Non - Destructive Inspection / Testing ................................................. ............................... (per hour) $95
SpecialInspector ........................................................................ ............................... (per hour) 95
EngineeringTechnician .............................................................. ............................... (per hour) 90
Technician................................................................................. ............................... (per hour) 85
MISCELLANEOUS
PerDiem ...................................................................................... ............................... (per day) $125
LITIGATION and LITIGATION SUPPORT RATES (Includes expert witness services, deposition, testimony,
data acquisition, research and compilation services)
Principal..................................................................................... ............................... (per hour) $225
Senior Professional /Senior Project Manager ............................. ............................... (per hour) 190
Project Professional /Project Manager ....................................... ............................... (per hour) 175
Staff Professional ...................................................................... ............................... (per hour) 150
ProjectAssistant ........................................................................ ............................... (per hour) 95
GISSpecialist ............................................................................ ............................... (per hour) 150
Technical Illustrator ................................................................... ............................... (per hour) 105
Administrative Assistant/Clerical ............................................... ............................... (per hour) 90
*Sworn deposition and arbitration /trial testimony will be invoiced at $380.00 per hour (4 hour minimum).
Revised 01/12/12 11 P a g e
BASIS OF CHARGES FOR CONSTRUCTION OBSERVATION AND TESTING
SERVICES
The prices listed herein are typical of engineering, observation 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.
Unit prices shown for the laboratory work includes reporting of laboratory test results and observations
not requiring recommendations or conclusions. Unless otherwise indicated field charges do not include
office preparation of test summary and report.
A Premium Rate Charge of 1.25 times will apply for laboratory tests requested to be performed after 5:00
pm and before 8:00 am on weekdays, and all times on weekends or holidays.
Outside consultants, subcontracted services, special equipment, machining, freight, and other charges,
are invoiced at cost plus 15% service charge.
The charge schedule listed below is the basis for invoicing of job site field activities for other than
Professional personnel.
Field work from 0 to 4 hours
Field work from 4 to 8 hours
Field work over 8 hours /Saturdays
Sundays, holidays and over 12 hours
Swing shift (4:00 P.M. to midnight)
Graveyard shift
Show -up time (no work performed)
Sampling or cylinder pick -up, minimum charge
Mileage Portal to Portal
Bill 4 hours
Bill 8 hours
Bill time and a half
Bill double time
Add $9.00 per hour
Add $12.00 per hour
Bill 2 hours
Bill 2 hours
$0.85 per mile
Times are invoiced portal to portal from the nearest BSK office /laboratory.
Project administration fees will be charged monthly on each invoice at a rate of 7 %. Project administration includes
scheduling, coordination of technicians, inspectors, and equipment, report preparation and distribution. Project
administration does not include engineering review time for reports.
Revised 01/12/12 2 1 P a g e
FIELD AND LABORATORY TESTS
I. SOILS
MOISTURE / DENSITY CURVES
Standard Proctor 4" Mold, AASHTO T -99 or ASTM D -698 ......... ............................... (per test) $160
Modified Proctor 4" Mold, AASHTO T -180 or ASTM D -1557 ...... ............................... (per test) 170
Modified proctor 6" Mold AASHTO T -180 or ASTM D- 1557 ........ ............................... (per test) 210
Caltrans Maximum Wet Density, CAL -216 .................................. ............................... (per test) 180
CheckPoint .................................................................................. ............................... (per test) 110
Corps of Engineers ( AASHTO modified) ..................................... ............................... (per test) Quote
PARTICLE SIZE ANALYSES
Sieve Analysis, with Minus #200 Wash, ASTM D -422 ................ ............................... (per test) $140
Minus #200 Sieve Analysis Wash, ASTM D- 1140 ....................... ............................... (per test) 70
Hydrometer Analysis, ASTM D -422 ............................................. ............................... (per test) 135
Double Hydrometer Analysis, ASTM D- 4221 ............................... ............................... (per test) 170
Specific Gravity, ASTM D -854 ..................................................... ............................... (per test) 120
Visual Classification, D -2488 ....................................................... ............................... (per test) 35
Sand Equivalent, ASTM D -2419 (3 determinations) .................... ............................... (per test) 105
Percent Organics in Soil, ASTM D- 2974 ...................................... ............................... (per test) 110
ATTERBERG LIMITS
Plasticity Index, Liquid Limit/Plastic Limit, ASTM D- 4318 ............ ............................... (per test) $170
Shrinkage Factors, Shrinkage Limit, ASTM D -427 ...................... ............................... (per test) 170
MOISTURE - DENSITY TEST
TubeDensity ................................................................................ ............................... (per test) $30
Moisture Content, ASTM D- 2216 ................................................. ............................... (per test) 35
SWELL TESTS
Expansion Index - U.B.C. Standard No. 18 -2 .............................. ............................... (per test) $190
Revised 01/12/12 3 1 P a g e
SHEAR TESTS
Direct Shear, Undisturbed (quick) (3 point test), ASTM D- 3080 .. ............................... (per test) $180
Direct Shear, Remolded (quick) (3 point test), ASTM D- 3080 ..... ............................... (per test) 220
Triaxial Compression Testing and pore pressure measurements, strain - controlled,
stress - controlled, creep potential determination ........................................ ............................... Quote
CONSOLIDATION TESTS
ASTM D -2435 (8 point curve) ...................................................... ............................... (per test) $345
ExtraPoints .................................................................................. ............................... (per test) 45
Collapse Potential, ASTM D -2435 ............................................... ............................... (per test) 170
Remolded Consolidation, ASTM D- 2435 ..................................... ............................... (per test) 295
One - dimensional Swell, ASTM D -4546 ....................................... ............................... (per test) 95
UNCONFINED COMPRESSION TEST
ASTM D -2166 ( stress / strain) ........................................................ ............................... (per test) $ 105
"R" VALUE DETERMINATION
CalTrans Method 301, untreated material
with stabilometer tests and moisture - density determination .......................... (per test) $220
samples containing aggregates, cement, lime, or other additives ................. (per test) Quote
CALIFORNIA BEARING RATIO (CBR)
CBR at 100% of maximum dry density,
ASTM D -1883 inclusive of Maximum Density Curve,
or AASHTO T -180, Method "D ", 1 point method ............. ............................... (per test) $415
CBR at 95% of maximum dry density,
ASTM D -1883 inclusive of Maximum Density Curve,
or AASHTO T -180, Method "D ", 3 points method ........... ............................... (per test) 825
Revised 01/12/12 4 1 P a g e
PERMEABILITY TESTS
Rigidwall, ASTM D -2434 .............................................................. ............................... (per test) $235
Flexible Wall, ASTM D- 5084 ........................................................ ............................... (per test) 365
Remold Flexwall Permeability, ASTM D- 5084 ............................. ............................... (per test) 465
Other forms of Permeability tests ................................................. ............................... (per test) Quote
SOIL CORROSIVITY TESTS
Minimum resistivity, CAL - 643 ....................................................... ............................... (per test) $ 115
pH................................................................................................. ............................... (per test) 40
Soluble Sulfate, Chloride and Sulfide .......................................... ............................... (per test) 105
Oxidation Reduction of Soil .......................................................... ............................... (per test) 45
SOIL CEMENT TESTS
Soil Cement Mix Design per PCA soil cement laboratory handbook Chapter 5 - includes Atterberg limits,
sieve analysis, moisture - density, compression tests and freeze -thaw, or
wetting- drying tests ...................................................................... ............................... (per test) Quote
Freeze -thaw abrasion, set of 3 (sample preparation not included), D -560 ...................... (per test) 520
Wetting- drying abrasion, set of 3 (sample preparation not included), D- 559 .................... (per test) 500
Preparation of freeze -thaw or wetting -drying tests, set of 3 at varying
cement content ............................................................................. ............................... (per test) 625
Compression tests, laboratory mixed and compacted samples, set of 3 ................... (per test) 200
Cement content of soil cement (ASTM C -1084 modified) ............... ............................... (per test) 200
OTHER
Sample preparation fee ................................................................ ............................... (per test) $55
Crumb test, ASTM D- 6572 ........................................................... ............................... (per test) 65
Pinhole Dispersion test ................................................................ ............................... (per test) 210
Sand Density Calibration, ASTM D- 1566 ..................................... ............................... (per test) 80
Revised 01/12/12 5 1 P a g e
11. AGGREGATES
Sieve Analysis, coarse or fine (without wash), ASTM C- 136 ....... ............................... (per test) $ 70
Inclusive of fineness modulus ......................................... ............................... (per test) 75
Wash Analysis, amount of material finer than No. 200 sieve, ASTM C -117 .............. (per test) 70
Specific Gravity, absorption coarse, ASTM C- 127 ....................... ............................... (per test) 100
Specific Gravity and absorption, ASTM C -128 Fine .................... ............................... (per test) 120
Organic impurities, ASTM C -40 ................................................... ............................... (per test) 65
Percent clay lumps and friable particles,
ASTMC- 142 .................................................................... ...............................
(per test)
65
Percent flat and elongated particles, ASTM D- 4791 .................... ...............................
(per test)
100
Moisture Content, ASTM D- 2216 ................................................. ...............................
(per test)
35
Weight per cubic foot, ASTM C -29
Compact.......................................................................... ...............................
(per test)
65
Loose............................................................................... ...............................
(per test)
55
Abrasion by Los Angeles Rattler test, ASTM C -131
Small size coarse aggregate ........................................... ...............................
(per test)
145
Large size coarse aggregate ........................................... ...............................
(per test)
195
Sulfate Soundness (5 cycles), ASTM C -88 per sieve size .......... ...............................
(per test)
85
Minimum charge per sample ........................................... ...............................
(per test)
300
Relative Mortar strength of sand, ASTM C- 87 ............................. ...............................
(per test)
355
Sand Equivalent, CalTrans method 217 -I, or ASTM D- 2419 ....... ...............................
(per test)
105
Durability Index, CalTrans method 229 -E, per fraction ................ ...............................
(per test)
210
Potential Reactivity, ASTM C- 289 ................................................ ...............................
(per test)
Quote
Cleanness value, CalTrans method 227 -E .................................. ...............................
(per test)
150
Hydrometer Analysis, CalTrans method 205 -E, or ASTM D -422 ...............................
(per test)
140
Percentage of crushed particles, CalTrans method 205 .............. ...............................
(per test)
125
Lightweight pieces, ASTM C- 123 ................................................. ...............................
(per test)
185
Revised 01/12/12 6 1 P a g e
III. CONCRETE
Cement content of hardened concrete, ASTM C- 1084 ................ ............................... (per test) $315
Chemical test, ASTM C -150 (types I through V) .......................... ............................... (per test) Quote
Time of setting of hydraulic cement, ASTM C -191 ...................... ............................... (per test) 255
Specific gravity of hydraulic cement, ASTM C- 188 ...................... ............................... (per test) 135
Volume change of cement, mortar or concrete (drying shrinkage),
ASTMC -157 ................................................................................ ............................... (per test) Quote
Compressive test, 6" x 12" cylinder, ASTM C -39 (sets of 4) ....... ...............................
(per test)
90
Compressive test, cored specimens, ASTM C -39 ....................... ...............................
(per test)
35
Compressive strength of lightweight (set of 4) ............................. ...............................
(per test)
105
Preparation of specimens, diamond sawing (each end) .............. ...............................
(per test)
55
Compressive strength of shotcrete panel (set of 3*) ................. ............................... (per panel)
230
Proportion of cement in hardened concrete, ASTM C- 85 ............ ...............................
(per test)
330
Flexural test of concrete beam, ASTM C- 78 ................................ ...............................
(per test)
75
Splitting tensile strength of concrete cylinders, ASTM C- 496 ...... ...............................
(per test)
65
Density test of lightweight concrete, ASTM C -567 ...................... ...............................
(per test)
45
"AZ" test - reinforced concrete pipe "Life Factor" (C2CO3 Equivalent ) .........................
(per test)
65
9 point core measurements, ASTM C- 174 ................................... ...............................
(per test)
25
Compressive test, gunite .............................................................. ...............................
(per test)
25
ConcreteTrial Batch .................................................................... ...............................
(per test)
Quote
Unit weight and absorption of hardened concrete, ASTM D -642 ...............................
(per test)
95
Accelerated curing of concrete, ASTM C -684 (set of 2) .............. ...............................
(per test)
210
Cylindermolds ................................................................................. ...............................
(each)
5
Storage of concrete cylinders for more than 45 days ...................... ...............................
(each)
50
RHProbe .......................................................................................... ............................... (each)
50
Calcium Chloride Kit ......................................................................... ............................... (each)
35
CHEMICAL REACTIVITY TESTS
Mixing water: pH, electrical conductance, chloride, sulfate ......... ............................... (per test) $ 60
Contact soil: pH, electrical conductance, chloride, sulfate ........... ............................... (per test) 100
*Does not include coring
Revised 01/12/12 7 1 P a g e
IV. REINFORCING STEEL
REINFORCING BAR TESTS
Tensile test, #3 through #8 bars .................................................. ............................... (per test) $ 120
Tensile test, #9 through #11 bars ................................................ ............................... (per test) 120
Bendtest ...................................................................................... ............................... (per test) 120
WIRE FABRIC TESTS - ASTM A -185
Tensiontest .................................................................................. ............................... (per test) Quote
Bendtest ...................................................................................... ............................... (per test) Quote
Weld shear test (average of 4) ..................................................... ............................... (per test) Quote
PRESTRESSING CABLES
Tensile and elongation, ASTM A-416 or ASTM A -421 ................ ............................... (per test) Quote
Cablepreparation ......................................................................... ............................... (per test) Quote
Tendons....................................................................................... ............................... (per test) Quote
Revised 01/12/12 8 1 P a g e
V. WELDING AND STRUCTURAL STEEL
WELDER QUALIFICATION TESTING
Structural welding (machining included, per position - witnessing not included)
Groove weld, 3/8" plate ................................................... ............................... (per test) $140
Groove weld, 1" plate ...................................................... ............................... (per test) 180
Pipe weld, 6G .................................................................. ............................... (per test) 220
Light gauge welding: State Division of Architecture, School Section
Circular No. 6, plug and butt welding, 8 specimens,
Three positions (witnessing not included) ....................... ............................... (per test) 280
Plug welding: two specimens, one position,
Test plates included (witnessing not included) ............... ............................... (per test) 140
WELDED SPECIMEN TESTS
Face Bend (preparation not included) .......................................... ............................... (per test) $ 45
Root Bend (preparation not included) .......................................... ............................... (per test) 45
Side Bend (preparation not included) .......................................... ............................... (per test) 45
STRUCTURAL STEEL TESTS
Tensile test (machining not included) .......................................... ............................... (per test) $ 65
Bend test (machining not included) .............................................. ............................... (per test) 55
Machining charges ................................................................. ............................... (per coupon) 90
HARDNESS TESTS
Brinell Hardness, ASTM E -10 ...................................................... ............................... (per test) $ 80
Rockwell Hardness, ASTM E- 18 .................................................. ............................... (per test) 80
HIGH STRENGTH BOLT TESTS
Bolt Ultimate Load ........................................................................ ...............................
(per test)
$ 115
Bolt Hardness (set of 3) ............................................................... ...............................
(per test)
75
Nut Hardness (set of 3) ................................................................ ...............................
(per test)
75
Washer Hardness (set of 3) ......................................................... ...............................
(per test)
75
Proof Loading, bolt or nut ............................................................. ...............................
(per test)
115
Revised 01/12/12 9 1 P a g e
VI. MASONRY
CONCRETE MASONRY UNITS TESTING - ASTM C -90
Compression test pavers ............................................................. ...............................
(per test)
$ 65
Compressive test composite CMU prism ..................................... ...............................
(per test)
125
Specific gravity and unit weight .................................................... ...............................
(per test)
95
MoistureContent .......................................................................... ...............................
(per test)
45
Compression test, masonry units, ASTM C- 140 .......................... ...............................
(per test)
85
Absorption test including moisture content, masonry units, ASTM C- 140 ..................
(per test)
85
Lineal Shrinkage, masonry unit, per specimen ............................. ...............................
(per set)
Quote
Shear test on masonry core ......................................................... ...............................
(per test)
75
Core Compression/ Shear ............................................................. ...............................
(per test)
155
BRICK TESTS
Compression test, ASTM C -67 .................................................... ............................... (per test) $ 65
Absorption and unit weight, ASTM C- 67 ...................................... ............................... (per test) 65
GROUT AND MORTAR TESTS
Compression test, grout prisms (sets of 3 or 4) ........................... ............................... (per test) $ 95
Compression test, mortar cylinders (sets of 3 or 4) ..................... ............................... (per test) 65
Revised 01/12/12 10 1 P a g e
VII. ASPHALT AND PAVEMENT
BITUMINOUS MATERIALS, ASPHALT, ROAD OIL TESTING
AC Mix Design
HVEEM method ............................................................... ............................... (per test) $2,580
Marshall method .............................................................. ............................... (per test) 2,580
Includes: Material evaluation, sieve analysis, specific gravity, sand equivalent,
LA Rattler, CKE, and percentage of crushed particles.
ASPHALT CONTENT, BITUMEN PERCENTAGE
ASTM -D2172 (centrifuge method) .................................. ...............................
(per test)
210
Ash Correction ................................................................. ...............................
(per test)
65
ASTM D -6307 or CAL -382 (ignition method) .................. ...............................
(per test)
160
Moisture content of asphalt, CAL - 370 .......................................... ...............................
(per test)
52
Gradation of extracted sample, ASTM D- 5444 ............................ ...............................
(per test)
110
Film Stripping (excludes specific gravity of aggregate) ............... ...............................
(per test)
75
Stabilometer value, CAL -366 ....................................................... ...............................
(per test)
260
Specific gravity of compacted sample or core, ASTM D -2726 .... ...............................
(per test)
45
Specific gravity of asphalt concrete, ASTM D -2041, rice method ...............................
(per test)
210
Moisture Vapor Susceptibility, CAL -307 ...................................... ...............................
(per test)
170
Surface abrasion of compacted bituminous mixtures, CAL -360 -A or B . ....................
(per test)
415
INDEX OF RETAINED STRENGTH, ASTM D- 1074, D -1075
Per set of 6 (lab -mixed samples - not including mix design) ......................... (per test) 375
Maximum density of asphalt concrete, CAL -375 (average of 5 specimens) .............. (per test) 365
MARSHALL STABILITY AND PLASTIC FLOW OF BITUMINOUS MATERIALS,
ASTM D -1559,
Per set of 3 (lab -mixed samples - not including mix design) ......................... (per test) 210
Solvent disposal fee ..................................................................... ............................... (per test) 40
Calculated AC Maximum Density, CAL -367 ................................ ............................... (per test) 80
Marshall Maximum Density, ASTM D -6926 ................................. ............................... (per test) 240
OTHER
Examination of AC Cores ............................................................. ............................... (per test) 25
Thickness determination of AC Cores ......................................... ............................... (per test) 15
AC Tensile — Strength Ratio, ASTM D -4867
Premixed......................................................................... ............................... (per test) 520
Labmixed ........................................................................ ............................... (per test) 620
Revised 01/12/12 111 P a g e
VIII. MISCELLANEOUS
LUMBER
Specific gravity and shrinkage, ASTM D -143 .............................. ............................... (per test) $100
Moisture content of wood
ASTM D -2016, method "A" (oven dry) ............................ ............................... (per test) 40
ASTM D -2016, method "B" (electronic meter) ................ ............................... (per test) 25
PLYWOOD
Plywood Glue Shear test, ASTM D- 805 ....................................... ............................... (per test) Quote
Moisture absorption of plywood, ASTM D -805 ............................ ............................... (per test) $65
CALIBRATION
TorqueWrench ............................................................................ ............................... (per test) $150
HydraulicJack .............................................................................. ............................... (per test) 110
GLUE - LAMINATED TIMBERS
Finger Joint Tension test, AITC test 106 (preparation not included) .......................... (per test) $45
Bending test for end joints, AITC test 105 ................................... ............................... (per test) 45
Adhesive Spread Measurement, AITC test 102 ........................... ............................... (per test) 45
Moisture content and specific gravity, AITC test 111. ASTM D- 805 -72 ..................... (per test) 65
GALVANIZED COATING
Weight of galvanized coating, ASTM A -90 .................................. ............................... (per test) $77
FIREPROOFING
Dry Density, ASTM E -605 ( each) ................................................. ............................... (per test) $75
Cohesion /Adhesion ( each) ................................ ............................... ........................... (per test) 100
CARBON
Carbon Ro -Tapp Abrasion ........................................................... ............................... (per test) $155
Carbon Sieve Analysis ................................................................. ............................... (per test) 78
Revised 01/12/12 12 1 P a g e
IX. EQUIPMENT CHARGES
VEHICLE MILEAGE
2 -Wheel drive .............................................................................. ............................... (per mile) $0.80
4 -Wheel drive .............................................................................. ............................... (per mile) 1.75
MATERIALS TESTING *
Portable power auger ................................................................... ............................... (per day)
$ 35
Nuclear density gauge ................................................................. ...............................
(per day)
50
Ultrasonic weld testing equipment ............................................... ...............................
(per day)
50
Torquewrench ............................................................................. ...............................
(per day)
45
Anchor testing equipment ............................................................ ...............................
(per day)
45
Schmidthammer .......................................................................... ...............................
(per day)
45
Skidmore Wilhelm bolt tension calibrator ..................................... ...............................
(per day)
45
"R" meter ...................................................................................... ...............................
(per day)
50
Scanning equipment (for plate thickness) .................................... ...............................
(per day)
45
Inductive and conductive pipe locator .......................................... ...............................
(per day)
45
Airmeter (concrete) ..................................................................... ...............................
(per day)
45
Wood moisture meter ................................................................... ...............................
(per day)
50
Ferroscan................................................................................... ...............................
(per hour)
80
Equipment Charges Do Not Include Operators
CORING*
Coring equipment (includes bit charges) asphaltic concrete ..... ............................... (per hour) $ 135
Coring equipment (includes bit charges) concrete or masonry . ............................... (per hour) 150
"A handling/disposal fee of $10 may be assessed to each soil sample and tube obtained from the held for environmental
projects. Traffic control costs, if required, are in addition to any drilling and /or coring costs. Scaffolding /rigging costs, if
required, are in addition to any coring costs.
Floor flatness testing .................................................................. ............................... (per hour) $125
Revised 01/12/12 13 ( P a g e
GROUNDWATER SAMPLING AND ENVIRONMENTAL TESTING*
Field Vehicle truck ........................................................................ ............................... (per day)
$105
Truck with well sampling equipment ............................................
............................... (per day)
350
Steamcleaner ..............................................................................
............................... (per day)
100
Wellsounder ................................................................................
............................... (per day)
35
Generator.....................................................................................
............................... (per day)
75
Groundwater field parameter meter .............................................
............................... (per day)
35
Dissolved oxygen meter ...............................................................
............................... (per day)
40
Turbiditymeter .............................................................................
............................... (per day)
50
Flow monitoring equipment ..........................................................
............................... (per day)
300
Explosive gas meter .....................................................................
............................... (per day)
55
OVMPID meter ............................................................................ ............................... (per day)
75
Gas detector / LEL meter .............................................................
............................... (per day)
35
Landfill gas analyzer .................................................................... ............................... (per day)
200
Soundlevel meter ........................................................................ ............................... (per day)
30
Disposablebailer .......................................................................... ............................... (per unit)
10
Disposable water sample filters ................................................... ............................... (per unit)
20
Hand auger and soil sampler .......................................................
............................... (per day)
50
Teflontubing .....................................................
............................... ...........................(per foot)
2
Water level transducers ...................................................................
............................... (each)
100
Sample sleeve (including caps, Teflon) 6"
............................. ............................... (per sample)
8
Sample sleeve (including caps, Teflon) 3"
............................. ............................... (per sample)
5
GPS (handheld) ...........................................................................
............................... (per day)
75
*Equipment charges do not include operators
Revised 01/12/12 14 1 P a g e
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CAL ENGINEERING & GEOLOGY
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Cal Engineering & Geology, Inc., ("Consultant') as of July 18, 2012.
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, 2014, 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 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.
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, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 1 of 14
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• 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 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 2 of 14
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Rate Adjustments. 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
December. 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 $150.00 /hr
INDEX INCREASE (Assuming 1 %) 150 x.01 =1.50 1.50 1hr
$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
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 3 of 14
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self- insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or 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 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 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 Liability Insurance.
4.2.1 General 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)
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 4 of 14
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
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.
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 5 of 14
e. 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 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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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.
A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 6 of 14
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. 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 policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance 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 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- Insured 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 Coverage. 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
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology Page 7 of 14
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. 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 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;
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City of Dublin and Cal Engineering & Geology Page 8 of 14
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.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, 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
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City of Dublin and Cal Engineering & Geology Page 9 of 14
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.
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 entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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City of Dublin and Cal Engineering & Geology Page 10 of 14
8.6 Options 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;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires 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.
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City of Dublin and Cal Engineering & Geology Page 11 of 14
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code 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
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City of Dublin and Cal Engineering & Geology Page 12 of 14
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of 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 Gary Huisingh,
Public Works Director ( "Contract Administrator "). All correspondence shall be directed to
or through the Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Phillip Gregory, Principal
Cal Engineering & Geology
1870 Olympic Blvd, #100
Walnut Creek CA 94596
Any written notice to City shall be sent to: Gary Huisingh, Public Works Director
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 entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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City of Dublin and Cal Engineering & Geology Page 13 of 14
CITY OF DUBLIN
Joni L. Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
GAC0NSULTANTSICaIEng &GeohCa1 Eng agmt geotech 071812.doc
Consulting Services Agreement between
City of Dublin and Cal Engineering & Geology
CAL ENGINEERING & GEOLOGY
Phillip Gregory, Principal Engineer
July 18, 2012
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
Services may include geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects, testing and field observations,
attendance at meetings as required. Geologic and /or geotechnical engineering technical peer reviews
of development projects to be reviewed may include, but are not limited to: preparation of geotechnical
and geologic reports, slope stability calculations, grading plans and proposed remedial grading plans, site
improvement plans, retaining wall plans and calculations, creek stabilization plans, Storm Water Pollution
Prevention Plans (SWPPP), Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and /or geotechnical engineering observations during
remedial grading, field inspections, project coordination and meetings with City Staff and developer's
consultants. Geotechnical engineering services for a variety of Public Works projects, Capital Improvement
Program projects and /or maintenance projects including roads, drainage, and other public facilities, and
other tasks associated with Public Works infrastructure design, construction, and /or operation as assigned
and directed by the City Engineer.
GAC0NSULTANTSICaIEng &Geo1kCa1 Eng agmtgeotech 071812.doc
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City of Dublin and Cal Engineering & Geology -- Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Schedule of Fees for 2012 - 2013," attached hereto.
GAC0NSULTANTS1Ca1Eng &Geo11Ca1 Eng agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and Cal Engineering & Geology -- Exhibit B Page 1 of 1
On -Call Geologic and Geotechnical Services
City of Dublin Public Works Department
6 Fees an Insurance
+ W. 1 TRAVEL TIME
The fee schedule for Cal Engineering & Travel time will be charged at regular hourly
Geology is provided below. rates, not to exceed eight (8) hours per day.
PROFESSIONAL SERVICES
These are "all -up" rates, and include direct
salary cost, overhead, general and
administrative costs not separately
accounted for, and profit. They shall remain
in effect through December 31, 2012.
Ongoing work continuing beyond December
31, 2013 will be invoiced at the applicable
new year's rate.
Personnel
Principal Engineer /Geologist
Associate Engineer /Geologist
Senior Engineer /Geologist
Project Engineer /Geologist
Staff Engineer /Geologist
Technician
Administration /Clerical
Deposition /Court Testimony
Rate
$180 per hour
$160 per hour
$135 per hour
$110 per hour
$95 per hour
$85 per hour
$75 per hour
$300 per hour
Soils Laboratory Tests
Fee
Moisture Content
$18 per test
Moisture & Density
$25 per test
Atterberg Limits
$150 per test
Compaction Curve, 4"
$200 per test
Compaction Curve, 6"
$225 per test
Wash over #200 Sieve
$50 per test
Sieve Analysis #200 Wash
$120 per test
Sieve & Hydrometer
$180 per test
Reimbursables ,-
Rate
Mileage
$0.75 per mile
Nuclear Density Gage
$40 per day
Inclinometer
$150 per day
CAL ENGINEERING & GEOLOGY
EXPENSES
All direct costs will be billed at actual cost
plus 10 %, unless there is explicit agreement
otherwise. Direct costs include:
Fees for subcontracted third party
services (including drilling and backhoe
services, special consultant fees, permits,
special equipment rental, overnight mail
or messenger services and other similar
project related costs)
Travel expenses, including airfares, hotel,
meals, ground transportation, and
miscellaneous expenses.
® Reproduction, costs, including photocopy,
blueprints, graphics, photo prints or
printing.
A certificate of insurance is currently on file
with the City of Dublin.
r
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
CONSTRUCTION TESTING SERVICES, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Construction Testing Services, Inc., Inc.,( "Consultant ") as of July 18, 2012.
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, 2014, 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 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.
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, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consulting Services Agreement between July 18, 2012
City of Dublin and Construction Testing Services, Inc. Page 1 of 14
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• 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 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
Consulting Services Agreement between July 18, 2012
City of Dublin and Construction Testing Services, Inc. Page 2 of 14
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Rate Adjustments. 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
December. 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 $150.00 /hr
INDEX INCREASE (Assuming 1 %) 150 x.01 =1.50 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
Consulting Services Agreement between July 18, 2012
City of Dublin and Construction Testing Services, Inc. Page 3 of 14
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self- insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or 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 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 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 Liability Insurance.
4.2.1 General 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)
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City of Dublin and Construction Testing Services, Inc. Page 4 of 14
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
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.
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.
Consulting Services Agreement between July 18, 2012
City of Dublin and Construction Testing Services, Inc. Page 5 of 14
e. 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 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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so 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.
A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
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City of Dublin and Construction Testing Services, Inc. Page 6 of 14
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance 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 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- Insured 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 Coverage. 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
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City of Dublin and Construction Testing Services, Inc. Page 7 of 14
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. 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 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;
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City of Dublin and Construction Testing Services, Inc. Page 8 of 14
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.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, 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
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City of Dublin and Construction Testing Services, Inc. Page 9 of 14
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.
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 entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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City of Dublin and Construction Testing Services, Inc. Page 10 of 14
8.6 Options 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;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires 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.
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City of Dublin and Construction Testing Services, Inc. Page 11 of 14
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code 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
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City of Dublin and Construction Testing Services, Inc. Page 12 of 14
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of 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 Gary Huisingh,
Public Works Director ( "Contract Administrator "). All correspondence shall be directed to
or through the Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Patrick Greenan, President
Construction Testing Services
2174 Rheem Drive, Suite A
Pleasanton CA 94588
Any written notice to City shall be sent to: Gary Huisingh, Public Works Director
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 entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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CITY OF DUBLIN
Joni L. Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
CONSTRUCTION TESTING SERVICES, INC.
Patrick Greenan, President/Principal -in- Charge
GACONSULTANT&Construction Testing Services (CTS)1CTS agmt geotech 071812.doc
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City of Dublin and Construction Testing Services, Inc. Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
Services may include geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects, testing and field observations,
attendance at meetings as required. Geologic and /or geotechnical engineering technical peer reviews
of development projects to be reviewed may include, but are not limited to: preparation of geotechnical
and geologic reports, slope stability calculations, grading plans and proposed remedial grading plans, site
improvement plans, retaining wall plans and calculations, creek stabilization plans, Storm Water Pollution
Prevention Plans (SWPPP), Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and/or geotechnical engineering observations during
remedial grading, field inspections, project coordination and meetings with City Staff and developer's
consultants. Geotechnical engineering services for a variety of Public Works projects, Capital Improvement
Program projects and /or maintenance projects including roads, drainage, and other public facilities, and
other tasks associated with Public Works infrastructure design, construction, and /or operation as assigned
and directed by the City Engineer.
GACONSULTANT&Construction Testing Services (CTS)1CTS agmt geotech 071812.doc
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City of Dublin and Construction Testing Services, Inc. -- Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Proposed Compensation Rates," attached hereto.
GACONSULTANTMonstruction Testing Services (CTS)ICTS agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and Construction Testing Services, Inc. -- Exhibit B Page 1 of 1
n
CONSTRUCTION
TESTING SERVICES PROPOSED COMPENSATION MATES
CTS provides competitive rates for the high level of service we provide. Below is a snapshot of our fee
schedule with discounted rates for the City of Dublin projects. A complete copy for all fees and services we
provide is available upon request:
PERSONNEL FEES AND BASIS OF CHARGES
INSPECTIONS, ENGINEERING & SPECIAL SERVICES
Standard Discounted
* FIELD INSPECTION AND LABORATORY SERVICE Rate/Hour Rate/Hour
Soil Technician w/Nuclear Gauge and /or Sand Cone (portal-to-portal) $108:80 $70.00
* *PROFESSIONAL ENGINEERING SERVICES
Principal Engineer (Civil- Structural) $250.00
Geotechnical Engineer $200.00 $145.00
Consulting Engineer (Civil - Structural) $160.00
Senior Project Geologist $160.00 $150.00
Associate Engineer, Licensed $150.00
Project Geologist $140.00 $125.00
Staff Engineer /Project Manager X00 $105:00
Project Environmental Scientist V25.00 $110.00
Field Supervision
W0.00 $90.00
Drafting $110.00
SPECIAL SERVICES
Geotechnical Pad Letter (less than 48 hours notice - $500) $250.00
* Field inspection services will be billed in accordance with minimums shown on Basis of Charges.
* *Professional engineering services and laboratory technician services will be billed at actual time.
f
r,
BASIS OF CHARGES
Fees for tests and inspection include cost of technician, normal equipment and regular reports. Engineering
services other than supervisory will be charged at applicable rates. Soils testing with nuclear gauge and/or sand
cone equipment may require applicable travel and mileage charges for equipment transport and storage per
code. Fees for special projects, services overseas, or elsewhere in the United States, will be quoted on request.
With prior notification to Client; charges are subject to change at anytime. Construction Testing Services
reserves the right to adjust the rates quoted in this contract based upon any Union or prevailing wage increases
and/or changes in any industry requirements.
MINIMUM HOURLY CHARGES — INSPECTION
Technician personnel and the following minimum charges are contractual
commitment:
One -half day or less 4 Hours
Over one -half day 8 Hours
Show -up time (less than 2 hours notice = 4 hour charge) 2 Hours
17
CONSTRUCTION
TESTING SERVICES PROPOSED COMPENSATION RATES
WORKING HOURS AND PREMIUM TIME
Regular workday is the first 8 hours between 6:00 am and 6:00 pin Monday through Friday. Premium time
is as follows:
Overtime, Weekdays and Saturdays (first 8 hours) 1.5 x quoted hourly rate
Overtime Saturdays (over 8 hours) and Sundays (first 8 hours) 2 x quoted hourly rate
Overtime Sundays (over 8 hours) and Holidays 3 x quoted hourly rate
Shift differential, swing and graveyard -
12.5 %/hour additional to
(Work performed between 2:00 pm and 4:00 am) base or quoted rate.
MISCELLANEOUS CHARGES - Only Where Applicable
Facsimile charges. Plus 1.00/page (n/c for cover page) $5.00
Parking Fees At Cost
Air Travel Cost Plus 5%
Outside Services Cost Plus 20%
Subsistence (per union contract) $85.00/day
Mileage Standard Federal Rate
Project Management & Administration 5% Monthly Invoice
Samples Made by Others: Concrete Cylinders $100 + Test
Samples Made by Others: All Other Tests $40 + Test
Returned Check Fee $100
TESTS
Testing fees shown include normal time for performing test. Samples requiring special preparation will be
charged at the laboratory technician rate. Fees for tests not listed, will be quoted upon request. There will be a
minimum charge of $100.00 for any engineering report. Please note some tests may be tested by
subconsultants.
INSURANCE
For the waiver of subrogation if required by client, a 2% CTS administrative fee will be added to all gross
billings/revenue in addition to the 3% fee from State Fund.
PAYMENT
Invoices will be submitted monthly or bimonthly for services performed during the preceding month and are
payable on receipt. Interest of 1.5% per month (but not exceeding the maximum rate allowable by law) will be
payable on any amounts not paid within 30 days, payment thereafter to be applied first to accrued interest and
then to the principle unpaid amount. Attorney's fees or other costs incurred in collecting any delinquent
amount shall be paid by client. Visa, MasterCard and American Express payments are accepted however fees
will apply. Visa and MasterCard payments require an additional 3% on top of the amount of the invoice being
paid. American Express payments require an additional 4% on top of the amount of the invoice being paid.
18
d
Al
u
CONSTRUCTION
TESTING SERVICES PROPOSED COMPENSATION RATES
SOILS, AGGREGATE, ASPHALTIC CONCRETE AND OTHER TEST SERVICES
Standard Discounted
Rate/Each Rate/Each
Sample pickup h $5.00 /each
Plasticity index ASTM D -4318 $220.00 $150.00
Expansion Index ASTM D- 4829/UBC18.2 $8:80 $180.00
Laboratory moisture - density tests ASTM D- 1557/13-698 $380.00 $150.00
Calif. 216 (Wet Method) $260.00 $150.00
"R" (Resistance) value (minimum 3 pts)
Calif 301 $350.00 $300.00
Untreated
Moisture Content Determination & Dry Density ASTM D- 2216/D -2937 $50.00 $40.00
Unconfined Compressive Strength ASTM D -2166 $160.00 $150.00
Direct Shear Test $300.00 $275.00
pH of Soil $260.00 $225.00
Sieve Analysis
Coarse Retained on No. 4 Sieve ASTM C -136 /Calif.202 $129:90 $75.00
ASTM C 136 /C lif 202 $l68 00 $95 00
Fine Passing No.4 Sieve
- a
Combined with 200 Wash
P90.00
$110.00
200 Wash Only
ASTM C -117 $!20.00
$75.00
Cleanness value
Calif. 227 $200.00
$125.00
Sand equivalent (average of 3)
Calif. 217 X00:90
$75.00
Durability factor - coarse
Calif. 229 $255.00
$200.00
Durability factor -fine
Calif. 229 $240.00
$175.00
Durability factor - combined
Calif. 229 $270.00
$210.00
Extraction with Gradation
$350.00
$300.00
Asphalt Specific Gravity and Unit Weight
ASTM D1188 &0&00
$90.00
Lab Test Maximum Density - LTMD
Calif. 375 $360.00
$275.00
Marshall Maximum Density
Calif. 304 28�.Qo
$230.00
Rice Maximum Theoretical Specific Gravity
ASTM D- 2041 /Calif. 309 195:00
$160.00
{
19
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
GEOCON CONSULTANTS, INC.
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Geocon Consultants, Inc., Inc.,( "Consultant ") as of July 18, 2012.
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, 2014, 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 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.
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, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
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Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• 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 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
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unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Rate Adjustments. 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
December. 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 $150.00 /hr
INDEX INCREASE (Assuming 1%) 150 x.01 =1.50 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
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required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self- insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or 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 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 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 Liability Insurance.
4.2.1 General 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)
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per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed.11/88) or Insurance Services Office form number GL 0002 (ed.1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
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.
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.
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e. 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 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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so 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.
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4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than ANIL
4.4.2 Verification of coverage. 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 policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance 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 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 - Insured 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 Coverage. 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
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are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. 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 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;
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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.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, 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
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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.
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 entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires 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.
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Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code 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
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entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of 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 Gary Huisingh,
Public Works Director ( "Contract Administrator "). All correspondence shall be directed to
or through the Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Rick Day, Vice President
Geocon Consultants, Inc.
Any written notice to City shall be sent to:
6671 Brisa Street
Livermore CA 94550
Gary Huisingh, Public Works Director
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 entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral.
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CITY OF DUBLIN
Joni L. Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
GACONSULTANT&GEOCONIGeocon agmt geotech 071812.doc
GEOCON CONSULTANTS, INC.
Rick Day, Vice President
Consulting Services Agreement between July 18, 2012
City of Dublin and Geocon Consultants, Inc. Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
Services may include geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects, testing and field observations,
attendance at meetings as required. Geologic and/or geotechnical engineering technical peer reviews
of development projects to be reviewed may include, but are not limited to: preparation of geotechnical
and geologic reports, slope stability calculations, grading plans and proposed remedial grading plans, site
improvement plans, retaining wall plans and calculations, creek stabilization plans, Storm Water Pollution
Prevention Plans (SWPPP), Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and /or geotechnical engineering observations during
remedial grading, field inspections, project coordination and meetings with City Staff and developer's
consultants. Geotechnical engineering services for a variety of Public Works projects, Capital Improvement
Program projects and /or maintenance projects including roads, drainage, and other public facilities, and
other tasks associated with Public Works infrastructure design, construction, and /or operation as assigned
and directed by the City Engineer.
GAC0NSULTANTSIGE0C0N1Ge000n agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and Geocon Consultants, Inc. -- Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Proposed Compensation Rates," attached hereto.
GACONSULTANTSIGEOCONIGeocon agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and Geocon Consultants, Inc. -- Exhibit B Page 1 of 1
Professional Services
Engineering Field Tech n ician/Specia I inspector I (Including Equipment and Nuclear Gauge) ..................... $70/$95(PW)*/hr.
Engineering Field Tech n ician/Specia I Inspector 11 (including Equipment and Nuclear Gauge) .................... 80/105(PW)*/hr.
Engineering Field Tech | | n/5pecia| | (Including
Equi and Nuclear Gauge) 90/1 (PW)*/hr.
*Prevailing Wage (PW) California Labor Code §720, et. Seq.
Travel�
Equipment & Analytical Tests
Coring Machine (concrete, asphalt, masonry) ..... 175/day
Fuel Oxygenate Compounds (EPA 8260B) ............ 110/ea.
Generator
--- or Air Compressor ............................ ... ^`~~~/
Volatile Organic Compounds (EPA ~2``~/............ 150 ~~'
GpS Unit ................................................................ 160/day
Semi-Volatile Organic Compounds (EPA 82 —. 300/ea.
Drive-Tube Sampler orHand-Auger ------' 40/day
CAM 17 Metals (EPA 6O1O8 ) ----------' 170/ea.
Soil Sample Tube (8rassorStain|ess ) ------ 10/ea.
Single Metal (EPA 6OlO8)..................................... 20/ea.
Water Level Indicator .......................................... 40/day
VVETorTCLPExtracbon ---------.---. 75/ea.
Stainless Sampling Pump ------------.
'
�
Soil pH (EPA 9U45C)................................................ 20/ea. |
oeocon Consultants, Inc. 1-5 December 22, 2011
CT 0
CXa'r/i�ulie�� feurJ��raice
PROPOSAL FOR GEOLOGIC AND GEOTECHNICAL
ENGINEERING SERVICES FOR THE CITY OF DUBLIN
DEPARTMENT OF PUBLIC WORKS
Battery- Powered Pump ........ ...............................
75 /day
48 -hour Turn - Around -Time ...........................60% surcharge
Laboratory Tests
_ .......... - .- ____ -- ---- ..._.._._._......_ _..___ _---------
COMPACTION CURVES
. - - - - -�
__ _ _ ___._... __...__.__....— ..... _ ._..__..._.._.______._.__�
SOIL AND AGGREGATE STABILITY
4 -inch mold (D' 1557/ D698) .... ...............................
$120 /ea.
Resistance Value, R -Value (D2844/CAL301) .........
$250 /ea.
6 -inch mold ( D1557/ D698) .... ...............................
135/ea.
R- Value, Treated ( CAL301) ..... ...............................
260 /ea.
California Impact ( CAL216) .... ...............................
180 /ea.
California Bearing Ratio ( D1883 ) ...........................
175/pt.
Check Point ............................ ...............................
85 /ea.
Stabilization Ability of Lime (C977) .......................
180 /ea.
SOIL AND AGGREGATE PROPERTIES
#200 Wash ( D1140/ C117 ) ........................... .. . $55 /ea. Moisture Determination, tube sample (D2216) ... $20 /ea.
Wet Sieve Analysis to #200 (D422/CAL202) ......... 80 /ea. Moisture Determination and Unit Weight (D2937)
Hydrometer Analysis (D422) . ............................. 120 /ea. Atterberg Limits: Plasticity Index (D4318) . 125/ea.
Sieve Analysis with Hydrometer (D422) ............... $150 /ea. Sand Equivalent (D2419/CAL217) ......................... $85 /ea.
Specific Gravity, Soil ( D854) ... ............................... 70 /ea. pH and Resistivity (CAL643) ... ............................... 95 /ea.
lid Specific Gravity Coarse Aggregate (C127) ............ 50 /ea. Sulfate Content ( CAL417) ....... ............................... 27 /ea.
Specific Gravity Fine Aggregate (C128) ................. 68 /ea. Chloride Content (CAL422) .... ............................... 27 /ea.
Cut /Extract Shelby Tube ....... ............................... 50 /ea. Organic Content (D2974) .... 50 /ea.
N MI
SHEAR STRENGTH CONCRETE
Unconfined Compression (D2166) ....................... $95 /ea. Compressive Strength, Cast Cylinders (C39) ......... $25 /ea.
Direct Shear (D3080) (3pt) .... .... ......... .._......... 350 /ea. Compressive Strength, Cores (C42)............ ..... 40 /ea.
Unconsolidated- Undrained Triaxial Shear D2850
( ) ... Flexural Strength Beam (C78/C293)........... .... 80 /ea.
Unconsolidated- Undrained Triaxial Staged (D2850) ... Splitting Tensile Test ( C496) ... ............................... 69 /ea.
Consolidated Triaxial Shear (D4767) .. 263/pt. Mix Design Review ................. ............................... 185/ea.
Consolidated- Undrained Triaxial Staged (D4767) 335/ea. Trial Batch ............................................................ 475/ea.
Consolidated - Drained Triaxial Shear, (EM1110).... 370 /pt
Consolidated- Drained Triaxial Staged (EM1110).. 475/ea. MASONRY
CMU Compressive Strength (C140) ....................... $60 /ea.
FA PERMEABILITY, CONSOLIDATION AND EXPANSION Compressive Strength, Grout (C1019 /UBC 21 -19) 25 /ea.
Permeability, Flexible Wall (D5084) ..................... $265/ea. Compressive Strength, Mortar (C109 /UBC 21- 15,16)
Permeability, Rigid Wall ( D5856 ) .......................... 255/ea. CMU Unit Wt., Dimen., Absorption (C140) ........... 60 /ea.
Consolidation ( D2435) ........... ............................... 50 /pt. Compressive Strength, Masonry Prism (C1314) ... 115/ea.
Expansion Index (D4829/UBC 29- 2) ...................... 135/ea.
ASPHALT CONCRETE
AGGREGATE QUALITY Density, Hveem ( D2726/ CAL308 ) .......................... $85 /pt.
Dry Sieve Analysis to #200 (C136) ..............:.....I... $80 /ea. Stabilometer (D1560/CAL366) .............................. 170 /ea.
L.A. Rattler Test (500 rev.) (C131) ......................... 185/ea. Theoretical Max. Specific Gravity (D2041/CAL309)
Sulfate Soundness (per sieve size) (C88) .............. 75 /ea. Sieve Analysis Extracted Aggregate (C136/CAL202)
Durability Index ( D3744/ CAL229 ) ......................... 135/ea. Core Unit Weight ( D1188 /CAL308) .............. ......... 48 /ea.
Unit Weight ( C142) ............................................... 69 /ea. % Asphalt, Ignition Method (D6307/CAL382) ...... 100 /ea.
Organic Impurities -Sand ( C40 ) ............................ 55 /ea. % Asphalt, Ignition Calibration (D6307/CAL382) ...... 190 /ea.
Friable Particles ( C142)........ ... ............................... 80 /ea. Marshall Series (UW, SG, Flow &Stab, Grad., % Asphalt)
550 /ea.
yy Geocon Consultants, Inc. -16- December 22, 2011
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
LAI & ASSOCIATES
THIS AGREEMENT for consulting services is made by and between the City of Dublin ( "City ") and
Lai & Associates, Inc., ("Consultant") as of July 18, 2012.
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, 2014, 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 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.
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, regarding the amount of compensation, the Agreement shall
prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the
manner set forth herein. The payments specified below shall be the only payments from City to Consultant
for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner
specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate
services performed by more than one person.
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 1 of 14
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and /or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date. Invoices shall contain the following information:
• Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first invoice, etc.;
• The beginning and ending dates of the billing period;
• A Task Summary containing the original contract amount, the amount of prior billings,
the total due this period, the balance available under the Agreement, and the
percentage of completion;
• 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 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last 10% of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 2 of 14
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expenses are specified in the Consultant's
Proposal. Expenses not listed are not chargeable to City. Reimbursable expenses are
included in the total amount of compensation provided under this Agreement that shall not
be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes
incurred under this Agreement and any similar federal or state taxes.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed
as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Rate Adjustments. 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
December. 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 $150.00 /hr
INDEX INCREASE (Assuming 1 %) 150 x.01 = 1.50 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
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 3 of 14
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant's use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long- distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for
injuries to persons or damages to property that may arise from or in connection with the performance of
the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.
Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this
section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to
commence work on any subcontract until Consultant has obtained all insurance required herein for the
subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be
submitted and made part of this Agreement prior to execution.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits
of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative,
Consultant may rely on a self- insurance program to meet those requirements, but only if
the program of self - insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self- insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if
insurance is provided, or 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 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 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 Liability Insurance.
4.2.1 General 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)
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 4 of 14
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or
an Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and
non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88) or Insurance Services Office form number GL 0002 (ed. 1/73)
covering comprehensive General Liability and Insurance Services Office form
number GL 0404 covering Broad Form Comprehensive General Liability.
Automobile coverage shall be at least as broad as Insurance Services Office
Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9 ( "any auto "). No
endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as an endorsement to the policy:
a. City and its officers, employees, agents, and volunteers shall be covered
as additional insureds with respect to each of the following: liability arising
out of activities performed by or on behalf of Consultant, including the
insured's general supervision of Consultant; products and completed
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.
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 5 of 14
e. 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 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 policy must contain a cross liability or severability of interest clause.
4.3.4 The following provisions shall apply if the professional liability coverages are
written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so 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.
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 6 of 14
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsements for each insurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
require complete, certified copies of all required insurance 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 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- Insured 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 Coverage. 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
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 7 of 14
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant's breach:
■ Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
■ Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and /or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. 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 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;
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 8 of 14
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.
6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, pursuant to this Agreement
to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions. Consultant represents and warrants to City that Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in
effect at all times during the term of this Agreement any licenses, permits, and approvals
that are legally required to practice their respective professions. In addition to the
foregoing, Consultant and any subcontractors shall obtain and maintain during the term
of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person's race, 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
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates Page 9 of 14
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.
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 entitled to compensation for services
performed to the effective date of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City any or all documents, photographs,
computer software, video and audio tapes, and other materials provided to Consultant or
prepared by or for Consultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
a written amendment to this Agreement, as provided for herein. Consultant understands
and agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have
no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract any portion of
the performance contemplated and provided for herein, other than to the subcontractors
noted in the proposal, without prior written approval of the Contract Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
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City of Dublin and Lai & Associates Page 10 of 14
8.6 Options 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;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount
that City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires 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.
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City of Dublin and Lai & Associates Page 11 of 14
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of
this Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal
or less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities
within the corporate limits of City or whose business, regardless of location, would place
Consultant in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code 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
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City of Dublin and Lai & Associates Page 12 of 14
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of 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 Gary Huisingh,
Public Works Director ( "Contract Administrator "). All correspondence shall be directed to
or through the Contract Administrator or his designee.
10.10 Notices. Any written notice to Consultant shall be sent to: Paul S. Lai, Vice President
Lai & Associates
415 Boulder Court, Suite 400
Pleasanton CA 94566
Any written notice to City shall be sent to: Gary Huisingh, Public Works Director
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 entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibit A, and including the compensation schedule attached
hereto and incorporated herein as Exhibit B, 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 July 18, 2012
City of Dublin and Lai & Associates Page 13 of 14
CITY OF DUBLIN
Joni L. Pattillo, City Manager
Attest:
Caroline Soto, City Clerk
Approved as to Form:
John Bakker, City Attorney
GACONSULTANTSILai & AssociateslLai agmt geotech 071812.doc
Consulting Services Agreement between
City of Dublin and Lai & Associates
LAI & ASSOCIATES
Paul Sai -Wing Lai, Vice President
July 18, 2012
Page 14 of 14
EXHIBIT A
SCOPE OF SERVICES
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
Services may include geotechnical peer review of soils and geologic reports for private land
development projects and Capital Improvement Program projects, testing and field observations,
attendance at meetings as required. Geologic and /or geotechnical engineering technical peer reviews
of development projects to be reviewed may include, but are not limited to: preparation of geotechnical
and geologic reports, slope stability calculations, grading plans and proposed remedial grading plans, site
improvement plans, retaining wall plans and calculations, creek stabilization plans, Storm Water Pollution
Prevention Plans (SWPPP), Geologic Hazard Abatement District (GHAD) proposals and plans of control,
interim grading reports and record drawings, geologic and /or geotechnical engineering observations during
remedial grading, field inspections, project coordination and meetings with City Staff and developer's
consultants. Geotechnical engineering services for a variety of Public Works projects, Capital Improvement
Program projects and /or maintenance projects including roads, drainage, and other public facilities, and
other tasks associated with Public Works infrastructure design, construction, and /or operation as assigned
and directed by the City Engineer.
GACONSULTANTSUi & AssociateslLai agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates -- Exhibit A Page 1 of 1
EXHIBIT B
COMPENSATION SCHEDULE
ON -CALL GEOLOGIC AND GEOTECHNICAL SERVICES
City shall pay Consultant for work to be performed pursuant to this Agreement per the Fee
Schedule(s) entitled, "Fee Schedule - 2012," attached hereto.
GACONSULTANTSIai & AssociateslLai agmt geotech 071812.doc
Consulting Services Agreement between July 18, 2012
City of Dublin and Lai & Associates -- Exhibit B Page 1 of 1
LAI & ASSOCIATES
FEE SCHEDULE - 2012
General
Billing Rate /Hour
Principal Engineers and Geologists ........ .......... ............................... ......................... ..........................................
............................... ....::...$190.00
SeniorEngineers and Geologists ......................................................................................................................................
............................... .:.......................145.00
ProjectEngineers and Geologists ......................:............:.............................................................................::.....................................
............................... :.....130.00
StaffEngineers and Geologists .........................................................................................................................................
............................... ........1................115.00
EngineeringTechnicians .....................................................................................................................................................
............................... .........................100.00
Draftsman................................................................................................................................................................................
............................... .......................... 85.00
WordProcessor ......................................................................................................................................................................
............................... ..........................60.00
Clerical..............................................................................................................................................................................................................
............................... 40.00
OutsideServices ...................................................................................................................................................................................
............................... Cost + 20%
Vehicle.............................................................................................................................................................................
............................... ................:...........600 /mile
NuclearDensity Gauge (Two -Hour Minimum) ...........:...........................................................................::...............................................
..................I............ 11.00
Seismograph(12 Channel) ........................................................ ...............................................................................
............................... .........................409.00 /day
SlopeIndicator ...... ................................ : ..............................................................................................................................................................................
289.00 /day
Shoring.... .................................... .......................................................................................................................................
............................... .....................122.00 /day
WaterPump ...................................... ........... ............................. .........................................................................................
............................... .....................35.00 /day
PiezometerRead -Out Unit. ............................................................... ................................................................................................................................
174.00/day
SettlementTransducer Read - Out ..........................................................................................:.................................
............................... .........................174.00 /day
Overtime work performed at the request of the Client or necessitated by Contractor working overtime will be billed at 1.5 times the hourly rates
listed above.
Expert witness testimony /deposition minimum charges: $2,700 /day, $1,750 /half -day; preparation at applicable hourly rates.
Project - related out -side costs including: Equipment rental, consultants, special fees, permits or insurance, meals and lodging and other similar
items are billed at cost+ 20 %. In lieu of individually charging for: photo copies, federal express, facsimile, telephone and clerical time a flat fee of
2% of total labor will be charged. Copies of previously issued reports of up to 50 pages will be billed at $80.00 for the firstcopy, and $40.00 for
each additional copy. Specific quotes for larger reports and /or reports containing drawings larger than 8%2 X 11 inches.
A new Fee Schedule is issued at the beginning of each year. Unless other arrangements have been made, charges for all work
performed after December 31, 2012, (including projects initiated in the prior year) will be based on the new schedule of charges.
A service charge of one percent per month (but not exceeding -the maximum rate allowable by law) will be payable on any amounts
not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any
attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client.
Laboratory
Tests
(Unit charge for laboratory testing including
the normal laboratory work and report of results only. Unusual or time - consuming
sample
preparation or special tests are billed at hourly charge for the laboratory technician.
Charges for testing which are not listed will be given upon
request. Similarly, a reduction of the Fee Schedule rate can be given for
a large number of tests).
Billing
Billing
Rate Test
Rate Test
Classification Tests
Shrink /Swell Tests (including moisture content
Atterberg Limits (PI & LL) .......... .................:.............
...........................$250
and dry unit weight determinations)
SieveAnalysis ............................... ...............................
............................228
A. Undisturbed ....................................................... ...............................
$ 95
PercentPassing #200 Sieve .....................................
.............................60
B. Remolded ........................................................... ...............................
182
Hydrometer Analysis .................. ...............................
............................139
Strength Tests (including moisture content
Sand Equivalent .......................................................
..............:...............1 18
and dry unit weight determinations)
Specific Gravity.. ..........................................................
......................... 143
Direct Shear Per Point
BulkSpecific Gravity .................. ...............................
............................124
A. Undisturbed .....................................::...... ...............................
58
MoistureContent /Unit Weight .................................
.............................35
B. Remolded............................................... ... .............................
113
Compaction Curves
Triaxial Compression, Per Point
A. 4 -Inch Mold. ...........:................ ...............................
............................280
A. Unconsolidated, Undrained ... ............................................
148
B. 6 -Inch Mold ............:................ .....................:.........
...........................330
B. Unconsolidated, Undrained & Backsaturation ..............
251
C. Cal Impact (Wet). ................. ...............:...............
.......... ..................226
C. Consolidated, Undrained ................... ...............................
270
D. Cal Impact ( Dry) ..............:... .....,.........................
..............:.............265
D. Consolidated, Undrained & Backsaturated ..................
341
E. 1 Point Verification .................................................
.............................97
E, Consolidated, Drained ........................................................
267
Durability Factor
F. Pore Pressure Measurements ................ ...............................
89
A. Fine .........................................................................
..............................1 10
G. Remolded Specimens, Add, Per Point ..............................
64
B. Coarse ...................................... ...............................
............................180
Unconfined Compression
L.A. Rattler .................................... ...............................
............................226
A. Undisturbed ........................................... ..............................:
95
R -Value Tests
B. Remolded ................................................ ...............................
150
Not Requiring Reproportioning ..............................
............................310
Consolidation Tests (including moisture content
Requiring Reproportioning ....... ...............................
............................350
and dry unit weight determinations)
Cement, Lime, Other .............................. ...............................
...............350
A. Undisturbed ...................................:........ ...............................
226
Concrete Tests (including moisture content
B. Remolded .......:............ ............................... ............................289
and dry unit weight determinations)
C. Time Compression Curve, Per Increment .........................
64
A. Compression Tests (each specimen) ......
.............................30
Asphaltic Concrete
B. Trial Batch I.... .................... ...............................
. ...914
A. Maximum Density.................................. ...............................
170
..............................
B. Extraction ................................................. ...............................
150
C. Gradation ................... ............................... ............................228
A new Fee Schedule is issued at the beginning of each year. Unless other arrangements have been made, charges for all work
performed after December 31, 2012, (including projects initiated in the prior year) will be based on the new schedule of charges.
A service charge of one percent per month (but not exceeding -the maximum rate allowable by law) will be payable on any amounts
not paid within 30 days, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. Any
attorney's fees or other costs incurred in collecting any delinquent amount shall be paid by the Client.