HomeMy WebLinkAbout4.3 Approval of Contract Amendments for Consultant Services
STAFF REPORT
CITY COUNCIL
DATE:August 16, 2016
TO:
Honorable Mayor and City Councilmembers
FROM:
Christopher L. Foss, City Manager
SUBJECT:
Approval of Contract Amendments for Consultant Services at the Emerald
Glen Recreation and Aquatic Complex (CIP No. PK0105)
Prepared by: Douglas Rooney, Parks & Facilities Development Coordinator
EXECUTIVE SUMMARY:
The City Council will consider contract amendments with Harris & Associates for
construction management services, BSK Associates for geotechnical construction
observation and testing services, and Construction Testing Services (CTS) for special
testing and inspection services for the Emerald Glen Recreation and Aquatic Complex
Project (CIP No. PK0105).
STAFF RECOMMENDATION:
Resolution
Staff recommends that the City Council adopt the Approving the
Amendments to the Agreements for Additional Services for the Emerald Glen
Recreation and Aquatic Complex Project (CIP No. PK0105).
FINANCIAL IMPACT:
As approved in the 2016-2021 Capital Improvement Program, the total budget for the
Emerald Glen Recreation and Aquatic Complex Project is $43,830,945. The cost of
additional services under the proposed amendments is $215,550. Sufficient funding is
available in the project budget to approve the Amendments with BSK Associates,
Construction Testing Services, and Harris & Associates.
DESCRIPTION:
The City Council adopted Resolution 134-14 on August 19, 2014, approving an
Agreement with Harris & Associates for Construction Management services for the
Emerald Glen Recreation and Aquatic Complex. The services outlined in the Agreement
included constructability review during the construction document phase of the project,
as well as construction management services during the bid and construction phases of
the project. The original agreement assumed an 18-month time frame for project
construction. By December 2015, when the project was put out to bid, it had been
determined that the time frame for construction should be 22 1/2 months, rather than
Page 1 of 3
the 18-month time frame. The fee to extend the period of construction management
services is not to exceed $90,000.
In addition, Staff has determined it would be prudent to secure the services of Harris &
Associates to handle coordination and construction administration related to potential
warranty items. This work would begin with substantial completion of the project and
would continue on an as-needed basis through the one-year warranty period. The fee to
include on-call services for warranty issues is not to exceed $40,000. The proposed
amendment with Harris & Associates adds additional on-call support during the project
warranty period, updates the timeframe for construction management services from 18
months to 22 1/2 months, and updates contract language regarding invoicing and
conflicts of interest.
The City Council adopted Resolution 65-15 on May 19, 2015, approving an Agreement
with BSK Associates for geotechnical construction observation and testing services for
the Emerald Glen Recreation and Aquatic Complex. The services outlined in the
Agreement include typical tasks such as observation of excavation, grading, trenching
and backfill, and compaction testing. The project included a number of deferred permit
items including the water slides, the natatorium structure, and the concrete bases for
the public art. Because the extent of services needed for these items was not known at
the time the Agreement was executed, they were not included in the original proposal.
These items are now fully engineered and the consultant has provided a proposed fee.
The fee for additional services including the deferred permit items is not to exceed
$40,000. The proposed amendment with BSK Associates is for additional services
including scope for deferred permit items, updates contract language regarding
invoicing and conflicts of interest, and extends the Agreement until conclusion of
construction.
The City Council adopted Resolution 67-15 on May 19, 2015, approving an Agreement
with Construction Testing Services for special testing and inspection services for the
Emerald Glen Recreation and Aquatic Complex. The services outlined in the Agreement
include typical tasks such as observation of welding, steel erection, and nailing as well
as testing of bolts and concrete. The project included a number of deferred permit items
including the water slides, the natatorium structure, and the concrete bases for the
public art. Because the extent of services needed for these items was not known at the
time the Agreement was executed, they were not included in the original proposal.
These items are now fully engineered and the consultant has provided a proposed fee.
The fee for additional services including the deferred permit items is not to exceed
$45,550. The proposed amendment with Construction Testing Services is for additional
services including scope for deferred permit items, updates contract language regarding
invoicing and conflicts of interest, and extends the Agreement until conclusion of
construction.
Proposed fees and scope of the additional services during construction are included in
Exhibits A-1 to each of the Amendments.
Page 2 of 3
NOTICING REQUIREMENTS/PUBLIC OUTREACH:
A copy of the staff report was sent to BSK Associates, Construction Testing Services,
and Harris & Associates.
ATTACHMENTS:
1. Resolution Approving Amendments to Consultant Agreements for Additional
Services for the Emerald Glen recreation and Aquatic Complex Project (CIP No.
pk0105)
2. Exhibit A to Resolution
3. Exhibit A-1 to Exhibit A
4. Exhibit B to Resolution
5. Exhibit A-1 to Exhibit B
6. Exhibit C to Resolution
7. Exhibit A-1 to Exhibit C
8. Reso 134-14 with Original Harris Agreement, August 19, 2014
9. Reso 65-15 with Original BSK Agreement, May 19, 2015
10. Reso 67-15 with Original CTS Agreement, May 19, 2015
Page 3 of 3
ATTACHMENT 1
RESOLUTION NO. XX - 16
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
* * * * * * * * * * *
APPROVING AMENDMENTS TO CONSULTANT AGREEMENTS FOR ADDITIONAL
SERVICES FOR THE EMERALD GLEN RECREATION AND AQUATIC COMPLEX (CIP NO.
PK0105)
WHEREAS, the City Council adopted Resolution 134-14 approving an agreement with Harris
& Associates on August 19, 2014 for Construction Management Services for the Emerald Glen
Recreation and Aquatic Complex; and
WHEREAS, the City Council adopted Resolution 65-15 approving an agreement with BSK
Associates on May 19, 2015 for Geotechnical Construction Observation and Testing Services for the
Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, the City Council adopted Resolution 67-15 approving an agreement with
Construction Testing Services on May 19, 2015 for Special Testing and Inspection Services for the
Emerald Glen Recreation and Aquatic Complex; and
WHEREAS, the City requires additional services of these consultants in order to complete the
Emerald Glen Recreation & Aquatic Complex.
NOW, THEREFORE BE IT RESOLVED, the City Council of the City of Dublin does hereby
approve the Amendments to the Consultant Agreements, attached hereto as Exhibits A, B, and C
for the Emerald Glen Recreation and Aquatic Complex (CIP No. PK0105).
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the
Amendments.
PASSED, APPROVED AND ADOPTED this 16th day of August, 2016, by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Mayor
ATTEST:
_________________________________
City Clerk
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris & Associates
ATTACHMENT 2
EXHIBIT A TO RESOLUTION
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND HARRIS & ASSOCIATES
WHEREAS, on August 19, 2014, the City of Dublin (hereinafter referred to as
"CITY") and Harris & Associates (hereinafter referred to as "CONSULTANT") entered into a
Consulting Services Agreement for Construction Management Services (hereinafter referred to
as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT assumed an eighteen month construction
duration that was later revised to twenty-two and one half months and the CITY wished to add
administrative support during the warranty period; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
extend the term to twenty-two and one half months plus 1 year on call warranty issue support,
amend compensation amount, amend invoicing terms and to amend conflict of interest
language.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the
following:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end 1 calendar year from final acceptance of the Emerald
Glen Recreation & Aquatic Complex – Phase 1, and Consultant shall complete
the work described in Exhibit A and supplemented in Exhibit A -1 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.
2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the
following:
2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
eight hundred ninety-three thousand dollars ($893,000), notwithstanding any
contrary indications that may be contained in Consultant’s proposal, for services
to be performed and reimbursable costs incurred under this Agreement. In the
event of a conflict between this Agreement and Consultant’s proposal, attached
as Exhibit A, regarding the amount of compensation, the Agreement shall prevail.
City shall pay Consultant for services rendered pursuant to this Agreement at the
time and in the manner set forth herein. The payments specified below shall be
the only payments from City to Consultant for services rendered pursuant to this
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris & Associates
ATTACHMENT 2
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.
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.
3) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following:
2.1 Invoices. Consultant shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. No individual performing
work under this Contract shall be more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. Invoices shall
contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
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;
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;
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris & Associates
ATTACHMENT 2
The Consultant’s signature.
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the
following:
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 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.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
www.fppc.ca.gov/index.php?id=500.
5) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the
following:
10.12 Integration. This Agreement, including Exhibits A, A-1 and B, represents
the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written
or oral.
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Harris & Associates
ATTACHMENT 2
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
HARRIS & ASSOCIATES
Dated: By: _____________________________
Edward Kozlowski, Principal in Charge
Monday, August 1, 2016
Meghan Tiernan
Parks and Facilities Development Manager
City of Dublin
100 Civic Plaza
Dublin, CA 94568
Re: Emerald Glen Aquatic Center
Harris & Associates Contract Amendment
Dear Meghan:
As discussed the original construction schedule was increased from 18 months to the final
Construction Agreement duration of 22.5 months or 675 total calendar days and the resulting
impact to Harris’ agreement with the City. We agree that Harris’ fulltime CM services remain
critical to the continued success of the Project. Harris has been and remains to be extremely
frugal with the approved fee structure within the original agreement and has been able to project
extended services at fulltime until approximately December 1st, of this year without additional
funding. The GC scheduled completion date of the Project is February 8th, of 2017. Harris
proposes a contract amendment be written to cover fulltime presence for the CM until December
1st 2016 which would be covered within the current approved fee schedule. The final months of
December, January and February as needed would require a contract amendment to provide
fulltime CM services with a “not to exceed” cost of $90,000.
In addition Harris has been asked to help manage any unforeseen warranty issues that may arise
during the twelve month warranty period following the final completion date of the Project.
These services usually include providing for call back scheduling and monitoring with follow-up
inspections and reporting as needed. We would estimate a conservative budget covering CM and
admin services on an on call as needed not to exceed $40,000. This estimate would include a
complete project review on the eleventh month which would document any outstanding or new
warranty issues requiring attention prior to the warranty period expiring.
As you know, Harris bills on an hourly not to exceed basis, any funds not expended will be
realized as a savings to the City. Please call with any question or concerns. We are always open
and willing to work with you to provide the most beneficial and efficient solution for the
successful completion of the Project.
Sincerely,
Dennis Cooper, LEED AP
Senior Project Manager
Harris & Associates, Inc.
Cc: Douglas Rooney
Matt Nethercutt
EXHIBIT A-1 TO EXHIBIT A
ATTACHMENT 3
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
EXHIBIT B TO RESOLUTION
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND BSK ASSOCIATES
WHEREAS, on May 19, 2015, the City of Dublin (hereinafter referred to as
"CITY") and BSK Associates (hereinafter referred to as "CONSULTANT") entered into a
Consulting Services Agreement for Geotechnical Construction Observation and Testing
Services (hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT did not include scope for the deferred
permit items and the scope of those items is now defined; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
modify the term of service, amend the compensation amount, amend invoicing terms and to
amend conflict of interest language.
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the
following:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end upon final acceptance of the Emerald Glen
Recreation & Aquatic Complex – Phase 1, and Consultant shall complete the
work described in Exhibit A and supplemented in Exhibit A-1 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.
2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the
following:
2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
one hundred thirty-one thousand one hundred ninety dollars ($131,190),
notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under
this Agreement. In the event of a conflict between this Agreement and
Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for
services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City
to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
authorized by City, Consultant shall not bill City for duplicate services performed
by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Consultant. Consequently, the parties further
agree that compensation hereunder is intended to include the costs of
contributions to any pensions and/or annuities to which Consultant and its
employees, agents, and subcontractors may be eligible. City therefore has no
responsibility for such contributions beyond compensation required under this
Agreement.
3) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following:
2.1 Invoices. Consultant shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. No individual performing
work under this Contract shall be more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. Invoices shall
contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
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;
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.
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the
following:
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 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.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
www.fppc.ca.gov/index.php?id=500.
5) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the
following:
10.12 Integration. This Agreement, including Exhibits A, A-1 and B, represents
the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written
or oral.
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and BSK Associates
ATTACHMENT 4
WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
BSK ASSOCIATES
Dated: By: _____________________________
Brad Steen, Principal
ENVIRONMENTAL, GEOTECHNICAL, CONSTRUCTION SERVICES AND ANALYTICAL TESTING
324 Earhart Way
Livermore CA 94551
P 925 . 315 . 3151
F 925 . 315 . 3152
www. bskassociates. com
Sent via email: doug.rooney@dublin.ca.gov
August 1, 2016 BSK Project G15-069-11L
Mr. Doug Rooney
Parks and Facilities Coordinator
City of Dublin
100 Civic Plaza
Dublin, California 94568
SUBJECT: Request for Amendment No. 1
Geotechnical Construction Observation and Testing Services
Emerald Glen Aquatic Center
4201 Central Parkway
Dublin, California
Dear Mr. Rooney:
As we discussed, BSK Associates (BSK) has been performing geotechnical observation and testing
services at the Emerald Glen Aquatic Center since the end of April 2015. In addition to our originally
anticipated services during construction, we have performed a number of unexpected services during
construction including the following:
Attendance at a number of project meetings and related consultation to discuss the
specification requirements that trench backfill consist of select import material as opposed to
native onsite soil and lime-treated excavation spoils;
Consultation regarding environmental testing performed by the contractor on a stockpile of soil
to be off hauled from the site;
Geotechnical review of slide structure plans and calculations;
Geotechnical observation of slide structure piers; and
Geotechnical consultation for the Alamilla Springs Sculpture.
Based on our brief site visit on July 29, 2016 and our discussion with the superintendent for the general
contractor (Overaa), it appears that most of the remaining earthwork at the site will consist of aggregate
base compaction for concrete flatwork and driveways and utility trench backfill. Unfortunately, the
general contractor does not have a detailed construction schedule for the remaining earthwork at this
time. Therefore, we suggest increasing our currently approved budget for the project by $40,000 for a
new total approved amount of $131,190. We anticipate that this increase would be sufficient to cover the
unexpected services described above as well as our remaining observation and testing visits through
EXHIBIT A-1 TO EXHIBIT B
ATTACHMENT 5
Request for Amendment No. 1
Emerald Glen Aquatic Center
Dublin, California
BSK Project G15-069-11L
August 1, 2016
Page 2
the completion of the project (currently anticipated as February 2017). If you concur, please send us an
amendment to our May 19, 2015 agreement for the project.
We appreciate the opportunity to be of continued service to the City of Dublin and look forward to the
successful completion of the project. Please contact us at (925) 315-3151 if you have any questions or
require additional information.
Respectfully submitted,
BSK Associates
Cristiano Melo, PE, GE Bradley E. Steen, PE, GE
Geotechnical Group Manager Principal Geotechnical Engineer
ATTACHMENT 5
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
EXHIBIT C TO RESOLUTION
AMENDMENT #1 TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF
DUBLIN AND CONSTRUCTION TESTING SERVICES
WHEREAS, on May 19, 2015, the City of Dublin (hereinafter referred to as
"CITY") and Construction Testing Services (hereinafter referred to as "CONSULTANT")
entered into a Consulting Services Agreement for Special Testing and Inspection Services
(hereinafter referred to as the “AGREEMENT”); and
WHEREAS, the existing AGREEMENT did not include scope for the deferred
permit items and the scope of those items is now defined; and
WHEREAS, the CITY and CONSULTANT now wish to amend the Agreement to
modify the term of service, amend the compensation amount, amend invoicing terms and to
amend conflict of interest language .
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1) Section 1.1 Term of Services shall be rescinded in its entirety and replaced with the
following:
1.1 Term of Services. The term of this Agreement shall begin on the date first
noted above and shall end upon final acceptance of the Emerald Glen
Recreation & Aquatic Complex – Phase 1, and Consultant shall complete the
work described in Exhibit A and supplemented in Exhibit A -1 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.
2) Section 2 COMPENSATION shall be rescinded in its entirety and replaced with the
following:
2.0 COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed
one hundred fourteen-thousand six hundred forty dollars ($114,640),
notwithstanding any contrary indications that may be contained in Consultant’s
proposal, for services to be performed and reimbursable costs incurred under
this Agreement. In the event of a conflict between this Agreement and
Consultant’s proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. City shall pay Consultant for
services rendered pursuant to this Agreement at the time and in the manner set
forth herein. The payments specified below shall be the only payments from City
to Consultant for services rendered pursuant to this Agreement. Consultant shall
submit all invoices to City in the manner specified herein. Except as specifically
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
authorized by City, Consultant shall not bill City for duplicate services performed
by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to
Consultant under this Agreement is based upon Consultant’s estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Consultant. Consequently, the parties further
agree that compensation hereunder is intended to include the costs of
contributions to any pensions and/or annuities to which Consultant and its
employees, agents, and subcontractors may be eligible. City therefore has no
responsibility for such contributions beyond compensation required under this
Agreement.
3) Section 2.1 Invoices shall be rescinded in its entirety and replaced with the following:
2.1 Invoices. Consultant shall submit invoices, not more often than once a month
during the term of this Agreement, based on the cost for services performed and
reimbursable costs incurred prior to the invoice date. No individual performing
work under this Contract shall be more than 2,000 hours in a fiscal year unless
approved, in writing, by the City Manager or his/her designee. Invoices shall
contain the following information:
Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
The beginning and ending dates of the billing period;
A copy of the applicable time entries or time sheets shall be submitted
showing the following:
o Daily logs of total hours worked by each individual performing
work under this Contract
o Hours must be logged in increments of tenths of an hour or
quarter hours
o If this Contract covers multiple projects, all hours must also be
logged by project assignment
o A brief description of the work, and each reimbursable expense
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;
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.
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
4) Paragraph 10.7 Conflict of Interest shall be rescinded in its entirety and replaced with the
following:
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 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.
Principals and those performing work for City of Dublin may be required to submit
a California Fair Political Practices Commission (FPPC) Form 700: Statement of
Economic Interests documenting potential financial conflicts of interest. For
additional information, proposers should refer to the FPPC website at
www.fppc.ca.gov/index.php?id=500.
5) Paragraph 10.12 Integration shall be rescinded in its entirety and replaced with the
following:
10.12 Integration. This Agreement, including Exhibits A, A-1 and B, represents
the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written
or oral.
6) Except to the extent inconsistent with this First Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
Amendment #1 to Consulting Services Agreement August 16, 2016
between the City of Dublin and Construction Testing Services
ATTACHMENT 6
WITNESS WHEREOF, the parties hereto have caused this First Amendment to
be executed as of the date and year first above written.
CITY OF DUBLIN
Dated: ___________ __ By: __________________________
Christopher L. Foss, City Manager
ATTEST:
By:
Caroline Soto, City Clerk
CONSTRUCTION TESTING SERVICES
Dated: By: _____________________________
James E. Doyle, Contracts Manager
EXHIBIT A-1 TO EXHIBIT C
ATTACHMENT 7
RESOLUTION NO. 134 - 14
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH HARRIS & ASSOCIATES
FOR CONSTRUCTIONMANAGEMENT SERVICES RELATED TO THE
EMERALD GLENRECREATIONAND AQUATIC COMPLEX— PHASE I
WHEREAS, the City of Dublin requires construction management services; and
WHEREAS, the City distributed a Request for Proposals for construction management
services and eleven proposalswere received by the deadline; and
WHEREAS, the City interviewed four firms submittingproposals and the qualifications of
Harris &Associates were deemed appropriate for the workproposed; and
WHEREAS, Harris & Associates has successfully demonstrated adequateability to
perform said construction management services in a timely manner.
NOW, THEREFORE, BE IT RESOLVEDthat the City Council of the City of Dublin
hereby approves the Agreement (attached hereto) and authorizes the City Manager to execute
the Agreement.
PASSED, APPROVEDAND ADOPTED this 19th
day of August, 2014, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Haubert, and Mayor Sbranti
NOES: None
ABSENT: None
ABSTAIN: None
Aac
Mayor
ATTES .
t,t,- re,ce-
City Clerk
Reso No. 134-14,Adopted 8-19-14, Item 4.4 Page 1 of 1
ATTACHMENT 8
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF DUBLIN AND
HARRIS&ASSOCIATES
THIS AGREEMENT for consulting services is made by and betweenthe City of Dublin("City)and
Harris&Associates("Consultant")as of August 19,2014.
Section 1. SERVICES. Subject to the terms and conditions setforth in thisAgreement,Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A at thetime and
placeand in the mannerspecified therein. In the event of a conflict in or inconsistency between theterms
of this Agreement and Exhibit A,the Agreement shall prevail.
1.1 Term of Services. The term of this Agreementshall begin on the date first noted above
and shall end upon final acceptance of the Emerald Glen Recreation&Aquatic
Complex—Phase I,and Consultant shall completethe 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. Thetime provided to Consultant to complete the services
requiredby this Agreement shall not affect the City's rightto terminate the Agreement,as
provided for in Section 8.
1.2 Standard of Performance. Consultant shallperform all services required pursuant to this
Agreement in the manner and according to the standardsobserved bya competent
practitioner of theprofession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shallprepare all work products
requiredby this Agreement in a substantial,first-class manner andshall conform to the
standards of quality normally observed by a personpracticing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shallassign only competent personnel to perform
services pursuant to thisAgreement.In the event thatCity,in its sole discretion,atany
time during theterm of thisAgreement,desires the reassignment of anysuch persons,
Consultantshall,immediately upon receivingnotice from City of such desire of City,
reassignsuchperson or persons.
1.4 Time. Consultantshalldevote suchtime to the performance of services pursuant to this
Agreement as may be reasonablynecessary to meet the standard of performance
provided in Section 1.1 above andto satisfy Consultant's obligationshereunder.
Section 2. COMPENSATION. Cityherebyagrees to payConsultant asum not to exceed seven
hundred sixty-three thousand dollars($763,000)notwithstanding any contrary indicationsthatmay be
contained in Consultant's proposal,for services tobe performed and reimbursablecosts incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant's proposal,attached as
Exhibit B,regarding the amount of compensation,the Agreement shall prevail. City shall payConsultant
for services rendered pursuant to this Agreement at the time and in the manner set forthherein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoicesto City in themannerspecified herein.
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City of Dublin and Harris&Associates Page 1 of 14
ATTACHMENT 8
Except as specificallyauthorized by City,Consultant shallnot bill City for duplicate servicesperformed by
more than oneperson.
Consultant and Cityacknowledge and agree that compensation paid by City to Consultantunder this
Agreement is based upon Consultants estimated costs of providingthe services required hereunder,
includingsalaries and benefits of employees and subcontractors of Consultant. Consequently,theparties
further agree thatcompensation hereunder is intended to include the costs of contributions to anypensions
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 underthis Agreement.
Notwithstanding the"not to exceed"compensation amount in the precedingparagraph,the Contract
Administrator may authorizepayment above the"notto exceed"amount to allow Consultant to provide
additional services,or,to compensateConsultant for services providedwithin the original scope of work in
excess of the hours specified in Exhibit B. In no event, however,shall the Contract Administrator authorize
payment of such additional payments in excess of 10%of the"notto exceed"amount
2.1 Invoices. Consultant shall submit invoices,not more oftenthan once a month duringthe
term of this Agreement,based on the cost for servicesperformed and reimbursable costs
incurred priorto the invoicedate. Invoices shall contain the followinginformation:
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 originalcontract amount,the amount of prior
billings,thetotal due this period,the balanceavailable under the Agreement,and
the percentage of completion;
At City'soption,for each work item in each task,a copy of the applicable time
entries or time sheets shallbe submittedshowingthe name of the persondoing
the work,the hours spent by each person,a briefdescription of the work,and
eachreimbursable expense;
The total number of hours of work performed underthe 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 800hours,which shallinclude an estimate of the time
necessary to complete the work described in Exhibit A;
The Consultants signature.
2.2 Monthly Payment. City shall make monthlypayments,based on invoicesreceived,for
services satisfactorilyperformed,and for authorizedreimbursablecosts incurred. City
shall have 30 days from the receipt of an invoicethat complies with all of the requirements
above to pay Consultant
Consulting Services Agreement between August 19,2014
City of Dublin and Hams&Associates Page 2 of 14
ATTACHMENT 8
2.3 Final Payment. City shall pay the last 5%of thetotal sum due pursuant to this Agreement
within sixty(60)daysafter completion of theservices and submittal to City of a final
invoice,if all services required havebeen satisfactorily performed.
2.4 Total Payment. City shallpay for the services to be renderedby Consultantpursuant to
this Agreement. City shall not pay any additional sum for any expense or costwhatsoever
incurredby Consultant in renderingservices pursuant to this Agreement. City shall make
no payment for any extra,further,or additional service pursuant to thisAgreement.
In no event shall Consultantsubmit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for theentire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executedchange order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basisshallnot exceed
theamounts shown on thefollowing fee schedule:
Project Manager.205 per hour
Senior Construction Manager: 165 per hour
Administration: 85 per hour
2.6 ReimbursableExpenses. Reimbursableexpensesare listed in Exhibit B,and shall not
exceed fifty-seven thousand dollars($57,000). Expenses notlisted in Exhibit B are not
chargeable to City. Reimbursable expenses are included in thetotal 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 employmenttaxes
incurred underthisAgreement and anysimilar federal or state taxes.
2.8 Paymentupon 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 thedate of written notice of termination. Consultant shall maintain adequate logsand
timesheets in order to verify costsincurred to that date.
2.9 Authorization to Perform Services. TheConsultant is notauthorized to performany
services or incur any costs whatsoever underthe terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein,Consultant shall,at its sole
cost and expense,provide all facilities and equipment that may be necessary to performthe services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in thissection,and onlyunder the terms and conditions set forthherein.
City shall furnish physical facilities such as desks,filingcabinets,and conference space,as may be
reasonablynecessary for Consultants use while consulting with City employees and reviewing records and
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 3 of 14
ATTACHMENT 8
theinformation in possession of the City. Thelocation,quantity,and time of furnishing those facilities shall
be in thesole discretion of City. In no event shall City be obligated to furnish any facilitythat may involve
incurring anydirectexpense,includingbut not limitedto computer,long-distance telephone or other
communicationcharges,vehicles,and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant,at its own cost and expense,shallprocure"occurrence coverage"insurance against claims for
injuries to persons or damages to property that may arise from or in connection withthe 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
sectionand under forms of insurance satisfactory in all respects to the City. Consultant shall maintainthe
insurance policies required by this section throughout the term of this Agreement. The cost of such
insurance shall be included in the Consultants bid. Consultant shall not allowany subcontractorto
commence work on any subcontract until Consultant has obtained all insurancerequired herein for the
subcontractor(s)and provided evidence thereof to City. Verification of the required insurance shallbe
submitted andmade 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 personsemployed directlyor indirectlyby Consultant. The StatutoryWorkers'
Compensation Insurance and Employer's Liability Insuranceshall be providedwithlimits of
not less than ONEMILLION DOLLARS($1,000,000.00)per accident. In the alternative,
Consultant may rely ona self-insurance programto meet those requirements,but only if
the program of self-insurance complies fully withthe provisions of the CaliforniaLabor
Code. Determination of whether a self-insurance program meetsthe standards of the
Labor Codeshall 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 subrogationagainst the City and its officers,officials,employees,and
volunteers for loss arisingfrom work performed under this Agreement.
An endorsement shall state thatcoverage shallnot be canceled except after thirty(30)
days'prior written notice bycertified mail,return receipt requested,has been givento the
City. Consultant shallnotifyCity within 14 days of notificationfrom Consultant's insurer if
suchcoverage 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 automobileliabilityinsurance for the term of this
Agreement in an amount not less than ONEMILLION DOLLARS($1,000,000.00)
per occurrence,combined single limit coverage for risks associated with the work
contemplatedby this Agreement. Ifa Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the generalaggregatelimitshall apply separately to the work to be
performedunderthis Agreement or the generalaggregate limit shallbe at least
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 4 of 14
ATTACHMENT 8
twicetherequired occurrence limit. Such coverage shall include but shall not be
limited to,protection against claims arising from bodily and personalinjury,
induding death resulting therefrom,and damageto property resultingfrom
activities contemplatedunder this Agreement,including the use of owned andnon-
ownedautomobiles.
4.2.2 Minimum scone of coverage. Commercial general coverage shall be at least as
broadas Insurance Services Office Commercial General Liabilityoccurrenceform
CG 0001. Automobilecoverage shall be at least as broad as Insurance Services
Office Automobile Liability form CA 0001 Code 1 ("any auto").
4.2.3 Additional reauirements. Each of the following shall be included in the
insurancecoverageor 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 performedby or on behalf of Consultant,including the
insured's generalsupervision of Consultant;products and completed
operations of Consultant premises owned,occupied,or used by
Consultant;and automobiles owned,leased,or used by the Consultant.
Thecoverage shall contain no special limitations on thescope of
protectionafforded toCity or its officers,employees,agents,or
volunteers.
b. Theinsurance shall cover on an occurrence or an accident basis,and not
on a claims-made basis.
c. An endorsement muststate that coverage is primaryinsurance with
respect tothe City and its officers,officials,employees and volunteers,
and that no insurance orself-insurance maintained by the City shall be
called upon to contribute to aloss under the coverage.
d. Anyfailure of CONSULTANT to comply with reportingprovisions of the
policy shallnot affect coverage providedtoCITY and its officers,
employees,agents,and volunteers.
e. An endorsement shall state that coverage shall not be canceled except
afterthirty(30)days'prior writtennotice by certified mail,return receipt
requested,has been given to the City. Consultant shall notify City within
14 days of notification from Consultants 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 periodcoveredby thisAgreement professionalliabilityinsurance for
licensed professionals performing work pursuant to this Agreement in an amount not less
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 5 of 14
ATTACHMENT 8
than ONE MILLION DOLLARS($1,000,000)covering the licensedprofessionals'errors
and omissions.
4.3.1 Anydeductible or self-insured retention shall notexceed$150,000 per claim.
4.32 An endorsement shallstate thatcoverage shall not be suspended,voided,
canceled by either party, reduced in coverage or in limits,except after thirty(30)
days'priorwrittennotice by certified mail,return receipt requested, has been given
to theCity.
4.3.3 Thepolicy mustcontain a crossliability or severability of interestclause.
4.3.4 Thefollowing provisionsshall apply ifthe professional liability coverages are
written on a claims-made form:
a. Theretroactivedate of thepolicymust be shown and must be before the
date of the Agreement.
b.Insurancemust be maintained and evidence of insurance must be
provided for at leastfive years aftercompletion 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 retroactivedate that precedes the date of
this Agreement,Consultant must provideextended reporting coverage for
a minimum of five years aftercompletion of the Agreement or the work.
TheCity shall havethe right to exercise,at the Consultants sole cost and
expense,any extended reporting provisions of the policy, if the Consultant
cancelsor does not renew thecoverage.
d. A copy of theclaimreporting requirements must be submitted to the City
priorto the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurancerequiredbythissection isto be placed
with insurerswith a Bests'rating of no less than A:VII,
4.4.2 Verification of coverage. Prior to beginning any workunderthisAgreement,
Consultant shall furnishCity with certificates of insurance and with original
endorsements effecting coveragerequired herein. The certificates and
endorsements for eachinsurance policy are to be signed by a person authorized
by that insurer to bind coverage on its behalf. The City reserves the right to
requirecomplete,certified copies of all requiredinsurancepolicies,at anytime.
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 6 of 14
ATTACHMENT 8
4.4.3 Subcontractors. Consultant shallinclude all subcontractors asinsuredsunder its
policies or shall furnish separatecertificates and endorsements for each
subcontractor. All coverages for subcontractors shallbe subject to all of the
requirements statedherein.
4.4.4 Variation., TheCity may approve a variation in the foregoing insurance
requirements,upon a determination that the coverages,scope,limits,and forms of
suchinsuranceare either not commerciallyavailable,or that the City's interests
areotherwise fully protected.
4.4.5 Deductibles and Self-Insured Retentions. Consultantshall disclose toand
obtainthe 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
Duringtheperiodcovered by this Agreement,only uponthe priorexpress written
authorization of ContractAdministrator,Consultant mayincrease such deductibles
or self-insuredretentionswith respect toCity,its officers,employees,agents,and
volunteers. The Contract Administrator mayconditionapproval of an increase in
deductible orself-insured retention levels with a requirement thatConsultant
procure a bond,guaranteeing payment of losses and related investigations,claim
administration,and defense expensesthat is satisfactory in all respectsto each of
them.
4.4.6 Notice of Reduction in Coverage. In the eventthat any coverage required by
this section is reduced,limited,or materially affected in anyother manner,
Consultantshall providewrittennotice to City atConsultants earliest possible
opportunity and in no case laterthan five days after Consultant is notified of the
change in coverage.
4.5 Remedies. In addition to anyother remediesCity may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
hereinrequired,Citymay,at its sole option exercise any of the following remedies,which
are alternatives to other remediesCity mayhaveand are not the exclusive remedy for
Consultants breach:
Obtain such insurance and deduct andretain the amount of the premiums for such
insurance from any sumsdue underthe Agreement;
Order Consultant to stop workunder this Agreement or withhold any payment that
becomes due to Consultanthereunder,or both stop work and withhold any payment,
until Consultant demonstratescompliance with therequirements hereof;and/or
Terminate this Agreement.
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City of Dublin and Harris&Associates Page 7 of 14
ATTACHMENT 8
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBIUTIES. For any and all losses,
liability,claims,suits,actions,damages,and/or causes of action(`Liabilities")related to or arisingfrom work
performed by Consultant,its employees,agents(actual or apparent)or subconsultants:
5.1 Claims Accruing in Part or Whole Prior to Final Acceptance:The following
Indemnificationapplies:
Consultant shall indemnify,defend,and hold harmless the City and its officials,officers,
employees,and volunteers from and against any and all Liabilities arising out of any
personal injury,bodilyinjury,loss of life,damage to property,breath of contract,negligent
act or omission or violation of anyapplicable federal,state,or municipal law or ordinance,
to the extent caused,in wholeor in part,by the willful misconduct or negligent acts or
omissions of Consultant or its employees agents(actual or apparent)or subconsultants for
which they could beheldliable,or by the quality or character of their work.The foregoing
obligation of Consultant shall not apply when(1)theinjury,loss of life,damage to property,
or violation of law arisesfrom the sole or active negligence or willfulmisconduct of the City
or its officers,employees,agents,or volunteers and(2)theactions of Consultant or its
employees,subconsultants,or agents(actual or apparent)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 andhold harmless includestheduty to defendas set forth in
Section 2778 of the CaliforniaCivilCode.
5.2 Claims Accruing Wholly After Final Acceptance:The following Indemnification applies:
Consultant shall indemnify and hold harmless the City and its officials,officers,employees,
and volunteers from and againstany and all Liabilities arising out of any personal injury,
bodily injury,loss of life,damage to property,breach of contract,negligent act or omission
or any violation of any applicablefederal,state,or municipal law or ordinance,to the extent
causedbythe willful misconduct or negligent acts or omissions of Consultant or its
employees agents(actual or apparent)or subconsultants,by acts for which they could be
held strictly liable,or bythe quality or character of their work.Theforegoingobligation of
Consultant shallnot apply when(1)the injury,loss of life,damage to property,or violation
of law arises fromthe sole or activenegligence or willful misconduct of the City or its
officers,employees,or volunteers and(2)the actions of Consultant or its employeesagent
actual or apparent)or subconsultants have contributed in no partto theinjury,loss of life,
damage to property,or violation of law.
5.3 Effect of Insurance.Acceptance by City of insurancecertificates and endorsements
required under this Agreementdoes not relieve Consultant from its obligations under this
Section 5.ThisSection 5 shall apply to any damages or claims for damages whether or
notsuch insurances policies havebeen determined to apply.By execution of this
Agreement,Consultantacknowledges and agrees to the provisions of thisSection 5 and
that it is a material element of consideration.
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ATTACHMENT 8
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all timesduring theterm of thisAgreement,Consultant shall
be an independent contractor and shall notbean employee of City. City shallhave the
right to control Consultantonly insofar as theresults of Consultants services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however,otherwise Cityshall not have the right to controlthe means by which Consultant
accomplishesservicesrendered pursuant to this Agreement Notwithstandingany other
City,state,or federal policy,rule,regulation,law,or ordinanceto the contrary,Consultant
and any of its employees,agents,and subcontractors providing services under this
Agreement shall not qualify for or becomeentitled to,and hereby agreeto waive any and
all claims to,any compensation,benefit,or any incident of employment byCity,including
but not limited toeligibility to enroll in the California PublicEmployeesRetirement System
PERS)asan employee of City and entitlement toany contribution to be paidby City for
employer contributions and/or employeecontributions for PERS benefits.
6.2 Consultant No Agent. ExceptasCity 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. Consultantshall have no authority,express or implied,pursuantto this Agreement
tobind City toany obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. Thelaws 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 extentthatthis Agreement may be funded by
fiscalassistancefromanothergovernmental entity,Consultant and anysubcontractors
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 requiredto practice their respective
professions. Consultant represents and warrants toCity that Consultant and its
employees,agents,anysubcontractors shall,at theirsolecost and expense,keep in effect
at all timesduring the term of this Agreement any licenses,permits,and approvals that are
legally required to practice their respectiveprofessions. In addition tothe foregoing,
Consultant and anysubcontractors shall obtain and maintain during the term of this
Agreement valid BusinessLicenses fromCity.
7.5 Nondiscrimination and Eaual Opportunity. Consultantshall not discriminate,on the
basis of a person'srace,religion,color,national origin,age,physical or mental handicap or
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ATTACHMENT 8
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 Consultantunder this
Agreement. Consultant shall comply with all applicable federal,state,and local laws,
policies,rules,and requirements relatedto equalopportunity and nondiscrimination in
employment,contracting,and theprovision of any services that are the subject of this
Agreement,includingbutnot limited to the satisfaction of anypositive obligations required
of Consultantthereby.
Consultant shall include theprovisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City maycancelthis Agreementat any time and without cause upon written
notification toConsultant.
Consultant may cancel this Agreement upon 60 days'written notice to City and shall
include in such notice thereasons for cancellation.
In the event of termination,Consultant shall be entitled to compensation for services
performed to the effectivedate of termination;City,however,may condition payment of
such compensation upon Consultantdelivering to Cityany or all documents,photographs,
computer software,video and audio tapes,and other materials providedto Consultant or
prepared by or for Consultant or the City in connectionwith 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
writtenamendmentto this Agreement,as provided for herein. Consultant understands and
agrees that,if Citygrants 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 anyotherwise reimbursableexpenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreementonly 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 ofConsultants uniquepersonalcompetence,experience,and specialized
personalknowledge. Moreover,a substantial inducement to City for entering intothis
Agreement was and is theprofessionalreputation and competence of Consultant
Consultant may notassign this Agreement or anyinteresttherein without the prior written
approval of the Contract Administrator. Consultant shall not subcontract anyportion of the
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 10 of 14
ATTACHMENT 8
performancecontemplated and provided for herein,other than to the subcontractors noted
in the proposal,withoutprior written approval of the Contract Administrator.
8.5 &alit All obligations arisingprior to the termination of this Agreement and all
provisions of this Agreement allocatingliabilitybetweenCity and Consultant shall survive
the termination of this Agreement.
8.6 Options uponBreachby Consultant, If Consultant materially breaches any of the terms
of this Agreement,City's remedies shallincluded,but notbe limited to,the following:
8.6.1 Immediatelyterminate the Agreement;
8.6.2 Retain theplans,specifications,drawings,reports,design documents,and any
other work product prepared by Consultantpursuant 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 betweenthe cost to completethe work
described in Exhibit A that is unfinished at the time of breath andthe amount that
Citywould havepaid Consultantpursuant 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 obtainspursuant to this Agreement and that relate to the matters
coveredhereunder shall be the property of the City. Consultant herebyagrees to deliver
thosedocuments to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials,includingbutnotlimited to thosedescribed
above,prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarilysuitable 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 willnot be released to thirdparties withoutprior writtenconsent of both
parties.
9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers,books
of account,invoices,vouchers,canceledchecks,and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Cityunderthis Agreement for a minimum of three(3)years,or for anylonger period
requiredbylaw,from the date of final payment to the Consultant to this Agreement.
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 11 of 14
ATTACHMENT 8
9.3 Inspection and Auditof Records. Any records or documents that Section 92 of this
Agreement requiresConsultant to maintain shall be made available for inspection,audit,
and/or copying at anytime duringregular business hours,upon oral orwritten request of
the City. Under Califomia Government CodeSection8546.7,if theamount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS($10,000.00),the
Agreement shallbe subject to theexamination and audit of the State Auditor,atthe
request of City or as part of any audit of the City,for a period of three(3)yearsafter final
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys'Fees. If a party to this Agreement bringsany action,including an action for
declaratoryrelief,to enforce or interprettheprovision of this Agreement,the prevailing
party shall be entitledto reasonable attorneys'fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the sameaction or in a
separate action brought forthat purpose.
10.2 Venue. In the event that either party brings any action against the other underthis
Agreement,thepartiesagree that trial of such action shall be vested exclusively in the
state courts of California in the County of Alameda or in theUnited States District Court for
theNorthernDistrict of California.
10.3 Severability. If a court of competent jurisdictionfinds or rules that any provision of this
Agreement is invalid,void,or unenforceable,the provisions of this Agreement notso
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shallnot void or affectthe 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 shallinure tothe benefit of
and shall apply to and bind the successors and assigns of theparties.
10.6 Use of Recycled Products. Consultant shallprepare and submit all reports,written
studies and other printedmaterial on recycled paper tothe extent itis availableat equal or
less cost than virginpaper.
10.7 Conflictof Interest. Consultant may serve other clients,but none whose activitieswithin
the corporate limits of City or whosebusiness,regardless of location,would place
Consultant in a"conflict of interest,"as that term is defined in the PoliticalReform Act,
codified at California Government Code Section 81000 et seq.
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 12 of 14
ATTACHMENT 8
Consultant shall not employ anyCity official in the work performedpursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreementthat wouldviolateCaliforniaGovernment Code Sections 1090 at seq.
Consultant hereby warrantsthat it is not now,nor has it been in the previoustwelve(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 previoustwelve months,
Consultant warrants that it did not participate in anymanner in theforming of this
Agreement Consultant understandsthat,if thisAgreement is made in violation of
Government Code§1090 et.seq.,the entire Agreement isvoid and Consultantwill not be
entitled to any compensation for services performed pursuant to this Agreement,including
reimbursement of expenses,and Consultant will be required to reimburse the City for any
sums paidto the Consultant Consultantunderstands that,in addition to the foregoing,it
may be subject to criminalprosecution for a violation of Government Code§ 1090and,if
applicable,willbe disqualified from holdingpublic office in theState of California.
10.8 Solicitation. Consultant agrees notto solicit business at any meeting,focusgroup,or
interview related to this Agreement,either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administeredby the CityManager
Contract Administrator"). All correspondence shall be directed to or throughthe Contract
Administrator or his or her designee.
10.10 Notices. Any written noticeto Consultant shall be sent to:
Dennis Cooper—Project Manager
Harris&Associates
1401 Willow Pass Road,Suite 500
Concord,CA94520
Any written notice toCity shall be sent to:
DouglasRooney,Parks and Facilities Development Coordinator
City of Dublin
100 Civic Plaza
Dublin,CA94568
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report,first page of designspecifications,and eachpage of
constructiondrawings shall be stamped/sealed and signed by the licensedprofessional
responsible for the report/designpreparation. The stamp/seal shall be in a block entitled
Seal and Signature of Registered Professionalwith report/design responsibility,"as in the
following example.
Consulting Services Agreement between August 19,2014
City of Dublin and Harris&Associates Page 13 of 14
ATTACHMENT 8
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement,includingthe scope of work attached hereto and
incorporated herein as Exhibit A,represents the entire and integrated agreement between
City and Consultant and supersedes all prior negotiations,representations,or agreements,
either written or oral.
CITY OF DUBLIN CONSULTANT
Chris Foss,City Manager EdwardKozlowski,Principal-in-Charge
Harris&Associates
Attest:
Caroline Soto,City Clerk
Approved as to Form:
John Bakker,City Attorney
Consulting Services Agreement between August 19,2014
City of Dublin and Hams&Associates Page 14 of 14
ATTACHMENT 8
EXHIBIT A
SCOPE OF SERVICES Harris BED..Aat
Program Managers
Construction
Managers
June 25*,2014
Mr.Douglas Rooney
Parks and Facilities DevelopmentCoordinator
City of Dublin
100 Civic Plaza
Dublin,CA 94568
Re:Harris'Construction Management Services for the EmeraldGlen Aquatic Center
Dear Doug,
The following is an estimated breakdown of hours assigned to tasks as requested.We are showing a total
project schedule of 23 months from July 17's,2014 until project completion of June 17'",2016.
A. PRE CONSTRUCTION July 15a to October 154'2014(4 months)
Design Review
Harris will review all plansand reference materials at end of design development and provide a report with
recommendations.At a minimum the report will cover feasibility of construction methods,current
availability of materialsand labor and time requirements for procurement as well as identify long lead
services and materials.
Harris will also provide a bidabllity/constructability review between 90 tol 00%construction document
review.Thehours associated with each task will include therequired meetings.Review of the construction
documents depends in part on the number ofdrawings produced by the design team.
Estimated at 360 hours
Estimated Costs Reviews
Harris will review all estimates completed to date as well as current program and project budgetsand
contracts as appropriate.We will make recommendations for additional breakdown of estimate items.
Make scope recommendations if needed.Review all estimates that are to be produced such as the
schematic and design development estimates or we will recommend that estimatesbe produced.If we are
not satisfied with the estimates we may recommend an independent third party estimate.We would
recommend that an estimate be completedat the end of eighty five and one-hundred percent completion
stages of the contract documents.
Estimated at 140 hours
Generate Market Interest
Harris will assist the City as requested however we foresee minimal involvement due to prequalification
process.
Estimated at 20 hours in November
14735 Juniper Street San Leandro, CA 04579 (510) 895.4675 (510) 678-5368 FAX
ATTACHMENT 8
Assist In Developing The Bid Package
Harris will assist in writing the frontend documents from existing standard frontend documentsand
provide written recommendations to be considered for incorporation.Harris will spend significant time
recommending and control management specifications that havebeen developed to include"lessons
learned"from past projects.Most commonly these notes would be entered into the special conditions
section of the contract documents.
Estimated at 140 hours September-October
Manage The Bid Process/Project Document Control System
Harris would take the lead hi developing and instituting thecomplete bid process from advertisement
through City staff recommendationto Council for approval of award.
Harris will also establish and maintain an electronic project management software system(Prolog or
equivalent)to manage document flow and reporting.
Estimated at 120 hours October thrill November
Construction Recommendations
Harris will workwith and provide project specific construction recommendations to the Architect and City
ProjectManager.Review and provide comment on the construction logistics plans produced by the design
team.Harris would recommend that the construction manager meet bi-weekly with the project architect to
discuss the progress of the design and assist in developing information as appropriate and requested to help
ensure a complete development of theconstruction plan as it relates to the design.
Estimated at 120 hours Aug thin October
B. Services During Construction:
Harris's Construction Manager will provide'Ato 34 time Construction Management services to meet the
following tasks.The City's assigned inspector will provide inspection services as needed to meet these
tasks.The inspector isestimated to be required onsite an average of'A time during the construction process
as needed.Harris'Construction Manager will represent the City through the City's Project Manager during
construction of the project The Construction Manager will perform the following specific services:
1.Coordinate the efforts of the architect,contractor,and City to ensure proper
communication andprogress of the project Act as liaison to the City through the
City's Project Manager.
2.Provide on-site coordination to assure that the project meetsthe Plans and
Specifications and stays onbudget and schedule.
3.Review,evaluate,and furnish recommendations to the City regarding
contractor's performance,construction schedule and any other matters related to
compliance with the contract.
4.Provide a daily log of eventsand activities when onsite to secure the City's interests
and monitor work accomplished in accordance with the contract. •
5.Provide a monthly update outlining project status,schedule,submittals,and
change order issues.Include and pertinent photos or documents.The report
should include an analysis of any potential delays and their actual relevance.The
reportshould be suitably formattedto share with the City Manager's Office.
6.Review and furnish contract correspondence,minutes of meetingsand directives
to be issued to secure the interests of the City.
7.Review andmake recommendations regarding payments tocontractor including
Change Orders,whenapplicable,and recommendations regarding any proposed
changes.Prepareand provide cost analysis where necessary to verify change
14735 Juniper Street San Leandro, CA 04579 (510) 895-4675 (510) 678-5368 FAX
ATTACHMENT 8
order costs generated by theContractor are reasonableand correct in scope.
8.Attend all construction-related site meetings with the City'srepresentatives,
contractors,and other meetings between relatedparties as required.Maintain
separate notes on such meetings.Assume a minimum of one(1)meeting at the
project site each week for the duration of the project within your base proposal.
9.Assist with providing any information to the City Departments as required.
10.Oversee the general contractor and subcontractor's scope of workto ensure the
General Contractoris providing proper site supervision and coordination for the
execution of the project work.
11.Upon completion of the project work,provide a punch list review and
recommendation of Project Acceptance.
12.Upon completion of the project work,review all of the Contractor's final
submittals to ensure their compliance with final project close-out requirements.
Estimated at 3,885 hours during 18 months of construction.
C. Services Post-Construction
Harris will prepare a closeout report,resolve all contract issues,warranties,bonds,etc.Coordinate with
contractors all the as built drawings and O&Ms,etc.Harris will also provide the final consolidation and
compilation of the project files and documents both in hardcopy and cd.
Estimated at 365 hours included in construction total above)
Generally the CM is estimated to be required approximately' time from July 15°,2014 to
January 1",2015 And then between%and'/.time between January 1*,2015 and May 30°,2016.
Closeout and final punchlist at approximately 'A from Jane 1m,thru July 17°,2016.
The Project Director will be available as needed for contract negotiations and clientsupport
throughout the duration of the project.
The Project Manager will be available to oversee the process,review deliverables,and attend
meetings if requested by the City.
The Administrator is expected to be required to help manage the document flow and is expected to
be available'A time average throughout the duration of the Project. •
Please call 925-899-5934 if you have any questions or concerns.
Sincerely,
Dennis Cooper,LEEDAP
ProjectManager
Harris&Associates,Inc.
Cc: Chris Dime H&A
Kurt Weidmann H&A
Ed Kozlowski H&A
14735 Juniper Street San Leandro, CA 04579 (510) 895-4675 (510) 678-5368 FAX
ATTACHMENT 8
EXHIBIT B
COMPENSATION
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ATTACHMENT 8
RESOLUTION NO. 65 - 15
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING AN AGREEMENT WITH BSK ASSOCIATES
FOR GEOTECHNICAL CONSTRUCTION OBSERVATION ANDTESTING SERVICES
FORTHE EMERALD GLEN RECREATION AND AQUATICCOMPLEX PROJECT
WHEREAS, The City has solicitedproposals fromgeotechnical firms to perform
professionalGeotechnicalConstruction Observation and Testing Services for the Emerald
Glen Recreation and Aquatic Complex; and
WHEREAS, the City received three proposals; and
WHEREAS, BSK Associates has demonstrated ability to perform said services; and
WHEREAS, BSK Associates is available to perform the work specified.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin
does hereby approve the Agreement with BSK Associates, attached as Exhibit A, and
authorizes theCity Manager to execute the Agreement
PASSED, APPROVED ANDADOPTED this 19th day of May, 2015, by the following
vote:
AYES: Councilmembers Biddle, Gupta, Hart, Wehrenberg, and MayorHaubert
NOES: None
ABSENT: None
ABSTAIN: None
7.‘6"1(-1(
Mayor
ATTES
City Clerk
1T/
Reso No.65-15,Adopted 5-19-15, Item 4.6 Page 1 of 1
ATTACHMENT 9
EXHIBIT A
CONSULTING SERVICES AGREEMENTBETWEEN
THECITY OF DUBLINAND
BSKASSOCIATES
THIS AGREEMENTfor consultingservices is made by and between the City of Dublin("City")and
BSK Associates("Consultant")as of May 19, 2015.
Section 1. SERVICES. Subject to theterms and conditions set forth in this Agreement,Consultant
shallprovide to City the servicesdescribed in the Scope of Workattached as Exhibit A atthe time and
place and in the mannerspecifiedtherein. In the event of a conflict in or inconsistency between the terms
of this Agreement and ExhibitA,the Agreement shallprevail.
1.1 Term of Services. The term of this Agreement shall begin on thedate first noted above
and shallend on February 8, 2017 the date of completionspecified in Exhibit A,and
Consultant shall complete the workdescribed in Exhibit A prior to that date, unless the
term of the Agreement is otherwise terminated or extended,as provided for in Section 8.
Thetime provided to Consultant to complete the services required by this Agreement shall
not affect the City's right to terminate the Agreement, as providedfor 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 standardsobserved 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 workproducts
required by this Agreement in a substantial,first-class manner and shall conform to the
standards of qualitynormally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assignonly competent personnel to perform
services pursuant to this Agreement. In the event that City, in its solediscretion, 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 suchdesire ofCity,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of servicespursuant to this
Agreement as may be reasonablynecessary to meetthe 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 a sum not to exceed$91,190
ninety-one thousand and one hundred and ninetydollars),notwithstandingany contrary indications that
may be contained in Consultant's proposal,for services to be performed and reimbursablecosts incurred
under this Agreement. In the event of a conflict betweenthis Agreement and Consultant's proposal,
attached as Exhibit A, regarding the amount of compensation, the Agreement shallprevail. City shall pay
Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein.
The payments specifiedbelowshall 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 specificallyauthorized by City, Consultant shallnot bill City forduplicate servicesperformedby
morethan one person.
Consulting Services Agreement between May 19, 2015
City of Dublin and BSK Associates Page 1 of 13
ATTACHMENT 9
Consultant and City acknowledge and agree thatcompensation paidby City to Consultantunder this
Agreement is based upon Consultant's estimated costs of providing the servicesrequired hereunder,
includingsalaries and benefits of employees and subcontractors of Consultant. Consequently,the parties
further agree that compensationhereunder 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 requiredunderthis Agreement.
2.1 Invoices. Consultant shall submitinvoices,notmore often than once a month during the
term of this Agreement, based on thecostforservices performed and reimbursable costs
incurred prior to theinvoice date. Invoices shall contain the followinginformation:
Serial identifications of progress bills; i.e., Progress BillNo. 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, thetotaldue thisperiod,the balanceavailableunder the Agreement,and
the percentage of completion;
At City's option,for each work item in each task, a copy of the applicable time
entriesortimesheets shall be submitted showing the name of thepersondoing
thework,thehours spent by each person, a brief description of the work, and
each reimbursableexpense;
Thetotal number of hours of work performedunder the Agreement by Consultant
and each employee,agent, and subcontractor of Consultant performing services
hereunder, as well as a separate noticewhen the total number of hours of work by
Consultant and any individualemployee, agent,orsubcontractor of Consultant
reaches orexceeds 800 hours,which shall include an estimate of the time
necessary to complete the workdescribed in Exhibit A;
TheConsultant's signature.
2.2 Monthly Payment. City shallmake monthlypayments, based on invoicesreceived,for
services satisfactorily performed,and forauthorized reimbursablecostsincurred. City
shall have30 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 totalsum due pursuant to this
Agreement withinsixty(60)daysafter completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 TotalPayment. City shall pay for the services to be rendered by Consultantpursuantto
this Agreement. Cityshall not pay any additionalsum for anyexpenseor costwhatsoever
incurredby Consultant in rendering servicespursuant to this Agreement. City shallmake
no paymentfor anyextra,further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of themaximum
amount of compensation provided above either for a task or for theentire Agreement,
unlessthe Agreement is modified prior to the submission of such an invoice by a properly
executedchange order or amendment.
Consulting Services Agreement between May 19,2015
City of Dublin and BSK Associates Page 2 of 13
ATTACHMENT 9
2.5 Hourly Fees. Fees for work performed by Consultant onan hourly basisshall not exceed
the amounts shown on the following fee schedule:
2.6 Reimbursable Expenses. Reimbursable expensesarespecified in the Consultant's
Proposal. Expenses not listed below are not chargeable to City. Reimbursable expenses
are included in the total amount of compensation provided under this Agreementthat 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 thatthe City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultantfor all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of thedate of written notice of termination. Consultant shallmaintain adequate logs and
timesheets in order to verify costsincurred to that date.
2.9 Authorizationto Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIESAND EQUIPMENT. Except as setforthherein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shallmake available to Consultantonly the facilities and equipment listed
in this section, and onlyunder the terms and conditionsset forth herein.
City shallfurnish physical facilities such as desks,filing cabinets, and conference space,as may be
reasonablynecessary for Consultant's use whileconsulting with City employees and reviewing records and
the information in possession of the City. Thelocation,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 mayinvolve
incurring any direct expense, including but notlimited to computer, long-distancetelephone or other
communicationcharges,vehicles,and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work underthis Agreement,
Consultant, at its own cost and expense,shallprocure"occurrencecoverage"insurance against claims for
injuries to personsor damages to propertythat mayarise from or In connection with the performance of the
workhereunder by the Consultant and its agents, representatives,employees,and subcontractors.
Consultant shall provide proofsatisfactory to City of such insurance that meetstherequirements of this
section and under forms of insurancesatisfactory in all respects to the City. Consultant shallmaintainthe
insurance policiesrequired by thissection 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
commencework on any subcontract until Consultant has obtained all insurancerequired herein for the
subcontractor(s)and provided evidencethereof 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
StatutoryWorkers' Compensation Insurance and Employer's Liability Insurance for any
Consulting Services Agreement between May 19,2015
City of Dublin and BSK Associates Page 3 of 13
ATTACHMENT 9
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 thealternative,
Consultant mayrely on a self-insurance program to meet those requirements, but only if
the programof self-insurance complies fully with the provisionsof the CaliforniaLabor
Code. Determination of whether a self-insurance program meets the standards of the
LaborCode shall be solely in the discretion of the ContractAdministrator.The insurer, if
insurance is provided,or theConsultant, if a program of self-insurance is provided, shall
waive all rights of subrogationagainst the City and its officers,officials, employees, and
volunteers for loss arising from work performed under this Agreement.
An endorsement shallstate that coverage shallnot be canceled exceptafter thirty(30)
days'prior written notice by certified mail, return receipt requested, hasbeen given to the
City. Consultant shallnotifyCity within 14 days of notification fromConsultant's insurer if
such coverage is suspended,voidedorreduced in coverage or in limits.
4.2 Commercial Generaland AutomobileLiability Insurance.
4.2.1 General requirements. Consultant,at its own cost and expense,shall maintain
commercialgeneral and automobileliabilityinsurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS($1,000,000.00)
per occurrence,combined single limit coverage for risks associated with the work
contemplated by this Agreement. Ifa Commercial General Liability Insurance or an
Automobile Liability form or other form with a generalaggregate limit is used,
either the generalaggregatelimit shall apply separately to the work to be
performed underthis Agreement or the generalaggregate limit shall be at least
twice the required occurrence limit. Such coverage shallinclude but shallnot be
limited to, protection against claimsarising from bodily and personal injury,
includingdeathresulting therefrom, and damage to propertyresulting from
activitiescontemplatedunder this Agreement, including the use of owned and non-
ownedautomobiles.
4.2.2 Minimum scope of coverage. Commercialgeneral coverage shall be at least as
broad as InsuranceServices Office Commercial General Liability occurrence form
CG 0001 (ed. 11/88)or InsuranceServices Officeform number GL 0002(ed. 1/73)
covering comprehensive General Liability and Insurance Services Officeform
number GL0404 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
insurancecoverage 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 activitiesperformed by or on behalf of Consultant, including the
Consulting Services Agreement between May 19,2015
City of Dublin and BSK Associates Page 4 of 13
ATTACHMENT 9
insured's general supervision of Consultant; products and completed
operations of Consultant; premisesowned, occupied,or used by
Consultant; and automobilesowned, leased,or used by the Consultant.
The coverage shallcontain no speciallimitations 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
ona claims-made basis.
c. An endorsement muststate 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
calledupon to contribute to a loss under the coverage.
d. Any failure of CONSULTANT to comply with reportingprovisionsof the
policy shall not affect coverageprovided to CITY and Its officers,
employees, agents, and volunteers.
e. An endorsement shall state that coverageshall not be canceledexcept
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 theperiod covered by this Agreement professionalliability insurance for
licensed professionals performing workpursuant 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 perclaim.
4.3.2 An endorsement shall state that coverage shall not be suspended,voided,
canceled by either party,reduced in coverageor in limits, except after thirty(30)
days'priorwritten noticeby certified mail, return receiptrequested, has been given
to the City.
4.3.3 Thepolicymustcontain a crossliability or severability of interest clause.
4.3.4 The followingprovisions shall apply if the professionalliability coverages are
written ona claims-madeform:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
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ATTACHMENT 9
b. Insurance must be maintained and evidence of insurance must be
providedfor at least fiveyearsafter completion of the Agreementor the
work,solongas commercially available at reasonable rates.
c. If coverage is canceledor not renewed and it is not replaced with another
claims-made policy form with a retroactive date thatprecedes the date of
this Agreement, Consultant mustprovideextendedreporting coverage for
a minimum of five years after completion of the Agreement or the work.
The City shall havethe right to exercise,at the Consultant's solecost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels ordoes not renew thecoverage.
d. A copy of theclaim reporting requirementsmust be submitted to theCity
prior tothe commencement of any work underthis Agreement.
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 lessthan A:VI I.
4.4.2 Verification of coverage. Prior to beginning any work underthis Agreement,
Consultant shall furnish City with certificates of insurance and with original
endorsements effecting coverage required herein. The certificates and
endorsementsfor 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
requirecomplete, certified copies of all requiredinsurance policies, at any time.
4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnishseparate certificates and endorsements for each
subcontractor. All coverages forsubcontractors shall be subject to all of the
requirements stated herein.
4.4.4 Variation. The City may approve a variation in the foregoinginsurance
requirements, upon a determinationthat 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 toand
obtain the approval of City for the self-insured retentions and deductibles before
beginning any oftheservices or work called for by any term of this Agreement.
During the period covered by this Agreement,only uponthe priorexpress 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 ContractAdministrator maycondition approval of an increase in
deductible or self-insuredretentionlevels with a requirement that Consultant
procure a bond,guaranteeingpayment of losses and related investigations, claim
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ATTACHMENT 9
administration, and defenseexpenses that is satisfactory in all respects to each of
them.
4.4.6 Notice ofReduction in Coverage. In the eventthat any coveragerequired by
this section is reduced, limited, or materiallyaffected in any othermanner,
Consultant shall providewritten notice to City at Consultant's earliest possible
opportunity and in no case later than five days afterConsultant is notified of the
change in coverage.
4.5 Remedies. In addition to any other remedies Citymayhave if Consultant fails to provide
or maintain anyinsurancepolicies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and arenotthe exclusiveremedy for
Consultant's breach:
Obtainsuch insurance and deduct and retain the amount of the premiums for such
insurance from any sumsdue under the Agreement;
Order Consultant to stop workunder this Agreement or withholdany payment that
becomes due to Consultanthereunder,or both stop work and withholdany payment,
until Consultantdemonstrates compliance withthe requirements hereof;and/or
Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall
indemnify,defend with counselselected by the City,andhold 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 actionarising out of anypersonal injury, bodily injury, loss of life, or damage to
property, oranyviolation of anyfederal, state,or municipallaw or ordinance,to the extent caused,in whole
or in part, by the willful misconduct or negligent actsor 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 theirwork. The foregoingobligation of Consultant shall not applywhen(1)the injury, loss of life, damage
to property, or violation of lawariseswholly from the negligenceorwillfulmisconduct of the City or its
officers,employees,agents, or volunteers and(2)the actions of Consultant or its employees,
subcontractor,or agentshave 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 Cityofinsurance
certificates and endorsements requiredunderthis Agreement does not relieve Consultant fromliability
underthis indemnification and hold harmless clause. This indemnification and hold harmless clause shall
apply to anydamages or claimsfor damages whether or notsuch insurancepolicies shall havebeen
determined to apply. By execution of this Agreement,Consultantacknowledges and agrees to the
provisions of this Section and that it is a material element of consideration.
In the event that Consultant or anyemployee, agent,or subcontractor of Consultant providing services
underthis Agreement is determined by a court of competentjurisdiction or the California PublicEmployees
Retirement System(PERS)to be eligiblefor enrollment in PERS asan employee of City, Consultant shall
indemnify,defend, and hold harmless City for the payment of any employee and/or employer contributions
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ATTACHMENT 9
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 bethe responsibilityof
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 andshall not be an employee of City. City shall have the
right to control Consultantonly insofar as theresults of Consultant's servicesrendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however,otherwise City shall nothave the right to control the means by which Consultant
accomplishes services rendered pursuant to thisAgreement. Notwithstanding any other
City,state, or federalpolicy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providingservicesunder this
Agreement shall not qualify fororbecome entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident ofemployment by City, including
butnotlimited to eligibility to enroll in the California PublicEmployees RetirementSystem
PERS)asan employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employeecontributions 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 shallhave no authority,expressor 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 governthis Agreement.
7.2 Compliance with Applicable Laws. Consultant andany subcontractors shall comply with
all laws applicable to the performance of the workhereunder.
7.3 OtherGovernmentalRegulations. Tothe extent that this Agreement may be funded by
fiscal assistance fromanother governmental entity,Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is boundby the terms of
such fiscalassistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City thatConsultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice theirrespective
professions. Consultant represents and warrants to Citythat Consultant and its
employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect
at all times during theterm of this Agreement any licenses, permits, and approvalsthat are
legallyrequired 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.
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ATTACHMENT 9
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate,onthe
basis of a person'srace, religion, color, nationalorigin,age, physical or mental handicap or
disability,medicalcondition, maritalstatus, 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 providedby Consultant under this
Agreement. Consultant shall comply with all applicable federal, state,andlocallaws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment,contracting, and the provision of any servicesthat are the subject of this
Agreement, including butnot limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall includethe provisions of this Subsection in anysubcontract approved by
the ContractAdministrator orthis Agreement.
Section 8. TERMINATION ANDMODIFICATION.
8.1 Termination. City may cancelthis Agreement at any time and without causeupon written
notification to Consultant.
Consultant may cancel thisAgreement upon thirty(30)days'written noticeto 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 forConsultant or the City in connection with this Agreement.
8.2 Extension. City may, in its sole and exclusive discretion,extendthe end date of this
Agreement beyond thatprovidedfor in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement,as provided for herein. Consultantunderstands and
agrees that, if Citygrants such an extension, Cityshall have no obligation to provide
Consultant with compensation beyondthe maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator,Cityshall have no
obligation to reimburse Consultantforanyotherwise reimbursableexpenses incurred
duringthe extension period.
8.3 Amendments. The partiesmay amend this Agreement onlyby a writing signed byall the
parties.
8.4 Assignment and Subcontracting. City and Consultantrecognize 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 Agreementor anyinterest therein withouttheprior written
approval of the Contract Administrator. Consultant shall not subcontract anyportion of the
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ATTACHMENT 9
performance contemplated and providedfor herein,other than to the subcontractors noted
in the proposal,without priorwrittenapproval of the Contract Administrator.
8.5 Survival. Allobligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocatingliabilitybetweenCity and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City's remedies shall included, but not be limited to,the following:
8.6.1 Immediately terminatethe Agreement;
8.6.2 Retain the plans,specifications, drawings, reports,design documents, and any
other workproduct prepared by Consultantpursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described In Exhibit Anot
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 amountthat
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 otherdocuments or materials, in electronic or any otherform,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 herebyagrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and othermaterials, including but notlimited to those described
above, preparedpursuant tothis Agreement are prepared specifically for the City and are
not necessarily suitable for any futureor 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 priorwritten consentof both
parties.
9.2 Consultant's Books and Records. Consultant shall maintainany and all ledgers, books
of account, invoices,vouchers,canceled checks, and other records or documents
evidencingor relating to charges for services orexpenditures and disbursements charged
to theCity under this Agreementfor a minimum of three (3)years, or for any longer period
requiredby law,from thedate of finalpayment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Anyrecords ordocuments that Section 9.2 ofthis
Agreement requiresConsultant to maintain shall be made available for inspection,audit,
and/orcopying at any timeduring regularbusiness hours, upon oral orwritten request of
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ATTACHMENT 9
the City. Under California Government Code Section 8546.7, if the amount of publicfunds
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, atthe
request of City or aspart of any audit of the City,for a period of three(3)years afterfinal
payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an actionfor
declaratoryrelief,to enforce or interpret the provision of this Agreement,the prevailing
partyshallbe entitled to reasonableattorneys'fees in addition to any otherrelief to which
that partymay be entitled. The court may set suchfees in the same action or in a
separateaction brought for that purpose.
10.2 Venue. In the event that either party brings any action against the otherunder this
Agreement, the parties agreethat trial of such actionshall be vested exclusively in the
state courts ofCalifornia in the County of Alamedaor 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 notso
adjudgedshall 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 validityof any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiverof anybreach of a specific provision of this
Agreement doesnot constitute a waiverof 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 andbindthe successors and assigns ofthe 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 ofInterest. Consultant mayserve other clients, but none whoseactivities 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 etseq.
Consultant shall not employ any City official in the workperformed pursuant to this
Agreement. No officer or employee of Cityshall have any financial interest in this
Agreementthat would violate California Government Code Sections 1090 etseq.
Consultantherebywarrants that it is not now, nor has it been in the previous twelve(12)
months,an employee,agent,appointee,orofficial of the City. If Consultant was an
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ATTACHMENT 9
moimmormiummimir
employee, agent,appointee,orofficial of the City in the previous twelve months,
Consultant warrantsthat 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 Consultantwill not be
entitled to anycompensation for servicesperformed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City forany
sums paid to the Consultant. Consultantunderstandsthat, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code§ 1090and, if
applicable,will be disqualifiedfrom holding publicoffice in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting,focusgroup,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
Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant shall be sent to:
Brad Steen, Principal
BSK Associates
324 Earhart Way
Livermore, CA 94551
Anywritten notice to City shall be sent to:
GaryHuisingh, Public WorkDirector
City of Dublin
100 Civic Plaza
Dublin, CA 94568
10.11 Professional Seal. Where applicable in the determination of the contractadministrator,
the first page of a technical report,first page of designspecifications, and eachpage of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/designpreparation. The stamp/seal shall be in a block entitled
Seal and Signature of RegisteredProfessional with report/design responsibility,"as in the
followingexample.
Seal and Signature ofRegisteredProfessional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as ExhibitA, 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 BSK Associates Page 12 of 13
ATTACHMENT 9
CITY OF DUBLIN CONSULTANT
Christopher L. Foss Brad Steen
City Manager Principal
Attest:
Caroline Soto,City Clerk
Approved as to Form:
John Bakker, City Attorney
J,1wpd\Mnrsw111410011Forms\standard consultant services agreementdoc
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City of Dublin and BSK Associates Page 13 of 13
ATTACHMENT 9
EXHIBIT A
SCOPE OF SERVICES
and
COMPENSATION SCHEDULE
4
Consulting Services Agreement between May 19,2015
City of Dublin and BSK Associates
ATTACHMENT 9
EXHIBIT A
BSK 324 Earhart Way
Livermore CA 94551
Associates
P 925.315.3151
Associates F 925.315.3152
nginecr4Ltboratories www.bskassociates.com
Sent via email:doue.rooney@dublin.ca.gov
April 21, 2015 BSK Proposal:GL15-11623
Mr. Douglas Rooney
Parks andFacilities DevelopmentCoordinator
City of Dublin
100 Civic Plaza
Dublin,California 94568
SUBJECT: Revised GeotechnicalConstruction Observation and Testing Services
Phase 1 of the Emerald Glen Park Aquatic Center
4201 CentralParkway
Dublin,California
Dear Mr. Rooney:
BSK Associates (BSK) is pleased to submit this revised proposal to provide geotechnical observation and testing
services during construction of the referenced project. Our services will be performed to monitor and test
conformance of the geotechnical aspects of the constructionoperationswith the foundation and grading/earthwork
plans,specifications,and the geotechnical recommendations contained in the April 16,2014 geotechnicalreports for
the project. Provided BSK is retained by the City toperform thegeotechnical services described in this proposal,
including formal review of the geotechnical report and the civil and structural plans, we will assume the role of
Geotechnical Engineer-of-Record for the project.Our original proposal was issued on April 16,2015 and has been
revised at your request so that we could incorporate the current project schedule (dated April 7, 2015) into our
estimatednumber of site visits duringconstruction.
We understand that a general contractor has already been selected for the project and grading activitieswere due to
start this week. We have based ourconstruction observation and testing estimate on the April 7, 2015 project
schedule,the approved construction plans dated February 10,2015 provided by you,our brief review of the April 16,
2014geotechnical report, and our past experience with similar projects.
Project Description
The projectwill include construction of an aquatics building,an outdoor sports pool,an outdoor play pool,an interior
pool,pool decks,a deck storage building,water slides,exterior concrete flatwork,parking lots,and driveways.Other
improvements will include light poles, sign posts, a score board, retaining walls, underground utilities, and bio-
detention basins. The upper 12 to 18 inches of the subgrade for the aquatics building pad, the pool decks, and
exterior concrete flatwork(including the trash enclosure apron)will be lime-treated.
1 Lai&Associates(2014),Geotechnical Report,Emerald Glen Recreation and Aquatic Center,4201 Central Parkway,Dublin,
California,dated AprIl 16,2014(File No.215.200).
Environmental,Geotechnical,Construction Services,Analytical Testing-An Employee-Owned Company
ATTACHMENT 9
Phase 1 of the Emerald Glen Aquatic Center BSK Proposal GL15-116323
4201 Central Parkway April 21, 2015
Dublin,California
Page 2
Grading for the project is expected to include up to 5+feet of cuts and 2 feet of fills to reach finished design
elevations. Three large existingearth mounds consisting of undocumented fill will be off hauled from the site.
According to the civil plans,these mounds are up to about 12 feet in height by370 feet long by 200 feetwide.
A second phase of construction(not covered by this proposal or the April 16,2014 geotechnical report),will include
construction of a preschoolbuilding between the west side of the deck storage building and a future gymnasium.The
newgymnasium will be located betweenthe deck storage building and the northwest wing of the aquatics building.
We anticipate earthwork operations for construction will include the following:
1. Off haul of the three existing large earth mounds;
2. Demolition of existing site improvements, including excavation and removal of several hundred
lineal feet of underground utility lines;
3. Clearing/stripping of vegetation,tree roots,and other deleterious matter;
4. Mass grading to grade the site to drain, includingexcavation of outdoor and indoor pools;
5. Lime-treatmentof the subgrade for the aquatics building pad,the pool decks,and exterior concrete
flatwork;
6. Excavation of foundations for the aquatics building,outdoor play pool,water slides,retaining walls,
light poles,sign posts,score board,trashenclosurewalls,and other structures;
7. Placement of backfill for retaining walls;
8. Installation of thousands of lineal feet of new underground utility lines,including trench excavation
and backfill;
9. Placement of aggregate base(AB)for exterior concrete flatwork;and
10. Subgrade preparation and placement of aggregate base(AB)for asphalt concrete(AC)pavement.
If the actual project differs significantly from that described above,specifically if the grading differsfrom that we
assumed,we should be contacted to review and,if needed, revise our scope of work for applicability.
Scope of Services and Fee Estimate
Our anticipated scope of servicesand fee estimate listed below are based on part-time observation and testing
services duringconstruction as noted below.We will provideour services on a time and materials,and on-call basis
in accordance withour Basis of Charges and Schedule of Fees included with this proposal.We will require 24-hour
notice for scheduling our observation and testing visits. Note that for on-call services,we rely on the Client or its
representatives(i.e.,10R,construction manager,contractor,etc.)to schedule our visits.We haveassumed that each
site visit by our soils representatives will be approximately 4 or 8 hours long(including travel)and will be carried out
during weekdays only.The minimumslisted in our attached Basis of Charges will apply,If sitevisits are longer than 8
hours and/or weekend/holiday work becomes necessary due to thecontractor's schedule,overtime rates will apply
BSI .
ATTACHMENT 9
Phase 1 of the Emerald Glen Aquatic Center BSK Proposal GL15-116323
4201 Central Parkway April 21,2015
Dublin,California Page 3
as noted in the Basis of Charges. Our anticipated scope of work and estimated fee breakdown,including assumed
field hours, are as follows:
FEE ESTIMATE
Task Description
Estimated
Fee
1, Geotechnical review of the April 16,2014 geotechnical report and the $ 2,000
civil and structural plans. Our review comments will be presented in a
brief memorandum. Our estimate assumes one review iteration and
preparation of one memorandum.
2. Attendance by our project manager at a pre-construction meeting $ 350
estimate includes 1 trip of 2 hours of attendance by a Senior
Professional at$175/hour).
3. Observation and compaction testing during demolition and backfill of $ 3,720
existing underground utilities and improvements (estimate includes 5
trips of 8 hours each byan EngineeringTechnician at$93/hour)
4 Observation of site stripping, removal of roots,and deleterious matter $ 1,116
estimate includes 3 trips of 4 hours each by an Engineering Technician
at$93/hour)
5. Observation and compaction testing during general mass grading $ 3,720
estimate includes 10 trips of 4 hours each by an EngineeringTechnician
at$93/hour)
6. Observation and compaction testing of lime-treatment of the subgrade $ 14,880
for the aquatics building pad, the pool decks, and exterior concrete
flatwork(estimate includes 20 trips of 8 hours each by an Engineering
Technician at$93/hour).
7. Observation of foundation excavations (estimate includes 20 trips of 4 $ 8,240
hours each by a Staff Professional at$103/hour).
8. Observation and compaction testing of retaining wall backfill (estimate $ 1,860
includes 5 trips of 4 hour eachby an Engineering Technician at
93/hour).
9. Observation and compaction testing of trench backfill for utility $ 22,320
Installation(estimate includes 60 trips of 4 hour each by an Engineering
Technician at$93/hour).
10. Observation and compaction testing of AB placement for exterior $ 7,440
flatwork(estimate includes 20 trips of 4 hours each byan Engineering
Technician at$93/hour).
BSI(
ATTACHMENT 9
Phase 1 of the Emerald Glen Aquatic Center BSK Proposal GL15-116323
4201 Central Parkway April 21,2015
Dublin,California Page 4
FEE ESTIMATE
Estimated
Task Description Fee
11. Observation and compaction testing of subgrade and AB placement for $ 4,464
AC pavement (estimate Includes 12 trips of 4 hours each by an
Engineering Technicianat$93/hour).
12. Laboratory testing of soils, estimated at 8 compaction curves $ 3,416
222/test), 5 Atterberg limits ($180/test), and 5 sieveanalyses
148/test) for onsite soils, lime-treated soil, and imported aggregate
base.?
13. Nuclear density gauge equipment charge per technician trip(estimate $ 6,864
includes 132 technician trips at$52/trip).
14. Engineering review, consultation, site visits by the Geotechnical $ 9,000
Engineer-of-Record, project management, and administration during
construction. This estimate will vary depending on the level of effort
required to respond to possible contractor RFis, reviewgeotechnicaily
related submittals,and provide supplemental recommendations during
construction,if needed.
15. Preparation of a brief letter summarizing earthwork related observations $ 1,800
and testing.
Estimated Fee 91,190
Thefees for our services will be charged on a time and materials basis. Our soils technicians will be charged at a
discounted rate of$93/hour.All other charges will be according to our attached Schedule of Fees.Laboratorytests
and engineering time would be per the fee schedule and billed for thenumber of testsaccomplished and the number
of hours provided.Any services required in addition to thoselisted would be in accordance with our current fee
schedule.We have assumed that there is no Project Labor Agreement in-place for this project.We understand that
California PrevailingWages will apply to the project and we are a registered contractor with the California
Department of Industrial Relations(DIR).
For the scope of work outlined above,we anticipate an estimated total fee of$91,190 for geotechnical construction
observation and testing.Should the construction schedule or your requestedsitevisits require a lesser or greater
amountof service than that estimated herein,our fees would vary accordingly.Our fee estimate does notinclude a
contingency for retesting or re-inspection of failing tests or unsatisfactory work by the contractor.The actual cost of
our services will depend largely on the contractor's actual schedule and progress, as well as possible impacts of
weather,work stoppages, and quality of material used,all of which are beyond ourcontrol. Proficient contractor
2 Laboratory tests are an estimate of those needed.More or less testing may be requireddepending on the variety of the
soils encountered,lime-treatment performed,and imported material used at the site.
BSI(
ATTACHMENT 9
Phase 1 of the Emerald Glen Aquatic Center BSK Proposal GL15-116323
4201Central Parkway April 21,2015
Dublin,California Page 5
performance reduces the number of test and inspection visits required,consequently resulting in lower total fees.
We are not in controlof such events,nor how and when construction activities are completed,and as a result,we
can only approximate our estimates for your use.To account for such uncertainties,we suggest that a contingency
budget of at least 20 percent of the above estimated fee for construction be set aside for our services.
It is our practice to notify you if it appears our fees will exceed our estimate,but due to the timing and natureof our
services and to make sure that your project is not delayed,this may not always be possible.Our invoices however will
serve as an update of our progress as well as fees charged versus our estimate.Invoices are payable uponreceipt and
deemed delinquent if not paid within 60 days.Delinquent invoices may be subject to interest/service charges,and
collection expenses including attorney's fees,at our election.
General Conditions and Agreement
If the above proposed scope of services meets with your agreement,please send us a City work order to our existing
on-call contract with the City or a new contract for our review and signature.
Acceptance of this proposal will indicate that the Client has reviewed the scope of servicesand determined that they
do not need or want more services than arebeing proposed at this time. if there is a need for any change in the
scope of servicesorschedule described in the proposal or in the standard contract, please call us immediately.
Changes may require revision of the estimated fees.
This proposalpresents our understanding of your current needs for geotechnicalobservation and testing services
during construction of this project. BSK is committed to providing quality service to Its clients,commensurate with
their wants andneeds.If a portion of this proposal does not meet your needs,or if those needs have changed,BSK is
prepared to consider appropriate modifications, subject to the standards of care to which we adhere as
professionals.Modifications such as changes inscope,methodology,scheduling,and contract terms and conditions
may result in changes to the risks assumedby the Client as well as adjustments to our fees.
Limitations
As our Client,please recognize that construction monitoring is a technique employed to reduce the risk of problems
arising during construction. Provision of construction monitoring by an engineer is not insurance, nordoes it
constitute a warranty or guarantee of any type. Even with diligent construction monitoring, some construction
defects may be missed. In all cases, thecontractor shall retain responsibility for thequality of thework and for
adhering to plans and specifications and for repairing defects regardless of when they are found. We do not
undertake the guarantee ofconstruction nor production of a completedprojectconformingto the project plans and
specifications.
BSK willperform its services consistent with that level of care and skill ordinarily exercised by other consultants
practicing in the same discipline andlocale at the time the servicesare performed. No other warranties, either
express or implied are provided. If changesoccur in the design of the project, BSK should be notified in writing.
BSK
ATTACHMENT 9
Phase 1 of the Emerald Glen Aquatic Center BSK Proposal GL15-116323
4201 Central Parkway April 21, 2015
Dublin,California Page 6
Closure
We appreciate the opportunity to presentthis proposal,and look forwardto successful completion of this project.
Please,contact Cristiano Melo at(925)315-31511f you have any questions or require additional information.
Respectfully submitted,
BSK Associates
7_,Z5/
Cristiano Melo, PE,GE Bradley,/Foulk, PE,GE
Senior Project Manager Geotechnlcal Group Manager
Enclosed:
Basis of Charges
2015 Schedule of Fees
BSI
ATTACHMENT 9
BSK 324 Earhart Way
Livermore CA 94551
P 925.315,3151
Associates F 925.315.3152
Engincer(Ltboratories www.bskassociates.com
BASIS OF CHARGES
Geotechnical Observation and Testing Services
EmeraldGlen Aquatic Center
4201 Central Parkway
Dublin,California
The charge schedule listed below will be our basis for Invoicing.
Show-up(No site work performed) Bill 2 Hours
Work up to 4 Hrs. Bill 4Hours
Work from 4 to 6 Hrs. Bill 6 Hours
Work from 6 to 8 Hrs. Bill 8 Hours
Work from 8 to 12 Hrs. and Saturdays Time and One Half
Work Over 12 Hrs.,Sundays and Holidays DoubleTime
Travel(Portal-to-Portal)Hourly
Parking and Toll Charges(if applicable) Daily Rate
Environmental,Geotechnical,Construction Services,Analytical Testing-An Employee-Owned Company
ATTACHMENT 9
BSK ASSOCIATES Page 1 of 2
2015 Sch edule of Fees
i
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PROFESSIONAL STAFF TECHNICAL STAFF(Prevailing Wage)
Principal 196.00 Field Supervisor 125.00
Senior Professional 175.00 Group 1-Special Inspector 102.00
Project Professional II/Project Manager 155.00 Group 2-Special Inspector 98.00
Project Professional I S 129.00 Group 3-Engineering Technician 93.00
Staff Professional 103.00 Group 4-Field Technician 88.00
Seismic GIS 155.00 Ground Penetrating Radar Scanning Technician 230,00
GIS Specialist 91.00 Core Drilling Technician 155.00
information Specialist it 125.00 Floor Flatness Testing Technician S 129.00
Information Specialist II 105.00 Sample Pickup/Transportation/Delivery 88.00
CAD 79.00 Laboratory Technician 5 88.00
Project Administrator 69.00 Laboratory Assistant 5 79.00
Administrative Assistant/Clerical 64.00 Clerical 64.00
EQUIPMENT/REIMBURSABLES BASIS OF CHARGES FOR FIELD TECHNICIAN SERVICES
Mileage(Portal to Portal) 0.88 Field Work from 0 to 4 hours Bill 4 hours
Per Diem(as required) 150.00 Field Work from 4 to 8 hours Bill 8 hours
Bridge Toll Cost+15% Field Work over B hours/Saturdays Bill time and a half
Parking Fees Cost+15% Sundays,holidays and over 12 hours Bill double time
Nuclear Gauge(Day) 52.00 Swing shift(4:00pm to Midnight) Add$15.00 per hour
Ultrasonic Weld Equipment(Day) 52.00 Graveyard Shift Add$20.00 per hour
Subconsuitant Services Cost+15% Show-up time(no work performed) Bill 2 hours
Project Administration Fees 7%of Invoice Sampling or cylinder pickup,minimum charge Bill 2 hours
Pis#, m<,n_'s M_, HI ... R R :. .__'
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SOILS
Moisture Density Curves California Bearing Ratio(CBR)
Standard Proctor,4"(ASTM/AASHTO) 170.00 CBR at 100%(ASTM 01883 or AASHTO 7-180) 5 440.00
Modified Proctor,4"Mold(ASTM/AASHTO) 180.00 CBR at 95%(ASTM 01883 orAASHTO T-180) 876.00
Modified Proctor,6"mold(ASTM 01557)222.00
Caltrans Maximum Wet Density(CT 216)191.00 Permeability Tests
Check Point 116.00 Rigid Wall Permeability(ASTM D2434) 249,00
Flexible Wall Permeability(ASTM 05084)387.00
Particle Size Analysis Remolded Flexwall Perm(ASTM D5084) 493.00
Sieve Analysis w/Wash(ASTM D422) 148.00
Minus 8200 Wash,Soil(ASTM D1140) 77.00 Soil Corrosivity Tests
Hydrometer Analysis(ASTM D422) 139.00 Minimum Resistivity of Soils(CT 643) 122.00
Double Hydrometer(ASTM 04221) 180.00 pH 59.00
Specific Gravity of Soil(ASTM 0854) 138.00 Soluble Sulfate,Chloride and Sulfide 111.00
Visual Classification(ASTM D2488) 37.00 Oxidation Reduction of Soil 5 47.00
Sand Equivalent(ASTM D2419) 108.00
Organics In Soil(ASTM D2974) 116.00 Soil Cement Tests
Freeze Thaw Abrasion(ASTM D560) 552.00
Atterberg Limits Wetting-Drying Abrasion(ASTM D559) 530.00 j
Plasticity Index(ASTM 04318)180,00 Preparation of Freeze-Thaw or Wetting-Drying Tests $ 663.00
Shrinkage Limits of Soils(ASTM 0427) 180.00 Soil Cement Compression(ASTM 01633)212.00
Cement Content Soil Cement(ASTM C1084) 21.2.00
Moisture Density Test
Tube Density 32.00 Other
Moisture Content of Soils(ASTM 02216)37,00 Sample Preparation 57.00
Crumb Test Disperstion(ASTM 06572) 69,00
Swell Tests Pinhole Dispersion Test(ASTM) 222.00
Expansion index of Soils(UBC No.29) 207.00 Sand Density Calibration(ASTM 01566) 67.00
Shear Tests GALVANIZED COATINGS
Direct Shear,Undisturbed(ASTM 03080)191.00 Wt.of Galvanized Coating(ASTM A 90) 82.00
Direct Shear,Remolded(ASTM 03080) 227.00
Triaxlal Compression Testing Quote WOOD PRODUCTS
Lumber
Consolidation Tests Specific Gravity and Shrinkage(ASTM 0143) 100.00
Consolidation(ASTM 02435) 366.00 Moisture Content,Oven Dry(ASTM D2016,Method A) $ 41.00
Consolidation,Extra Points(ASTM D2435) 47.00 Moisture Content,Meter(ASTM D2016,Method B)26.00
Collapse Potential of Soils(ASTM 02435)180.00
Remolded Consolidation(ASTM 02435) 313.00 Plywood
One-Dimen Swell of Soil(ASTM D4546) 5 115.00 Plywood Glue Shear Test(ASTM D805) Quote
Moisture Absorption of Plywood(ASTM DB05) 67.00
Unconfined Compression
Unconfined Compression(ASTM D2166)111.00 Glue-Laminated Timbers
Finger Joint Tension Test(AITC Test 106)46.00
R"Value Determination Bending Test for End Joints(AITC Test 105) 46.00
R-Value of Soils(CT 301) 234.00 Adhesive Spread Measurment(AITC Test 102) 46.00
II-Value of Treated Materials(CT 301)) Quote Moisture Content and Specific Gravity(AITC Test 111) $ 69.00
ATTACHMENT 9
85K ASSOCIATES Page 2 of 2
2015 Schedule of Fees
4.,_, . yf 1ERfg$Ut J3JiTpR T.$: ":S _ °=v ' .S'. ,a-M* '? Rai^MI
AGGREGATES CONCRETE
Sieve Analysis Coarse or Fine(ASTM C136) 74.00 Cement Content Concrete(ASTM C1084)334.00
Sieve Analysis w/Fineness Modulus 77,00 Chemical Test(ASTM C150) Quote
Minus 200Wash,Aggregates(ASTM C117) 74.00 Set Times Cement-Vlcat Needle(ASTM C191) 271.00
Specific Gravity/Absorption(ASTM C127) 128.00 Specific Gravity of Hydraulic Cement(ASTM C191) 134.00
Specific Gravity/Absorption(ASTM C128)124.00 Lineal Shrinkage Set of 3(ASTM C157) QUOTE
Organic impurities(ASTM C40) 69.00 Compression Test of Concrete-4(ASTM C39) 110.00
Lumps/Friable Particles(ASTM C142) 69.00 Preparation of Speclmnens,Sawing 57.00
Flat and Elongated(ASTM 04791) 106.00 Compressive Strength of Shotcrete Panel 244.00
Moisture Content(ASTM 02216) 36,00 Proportion of Cement In Concrete(ASTM C85) 324.00
Aggregate Wt.,pcf Compacted(ASTM C29) 69.00 Flexural Test Per Beam(ASTM C78) 79,00
Aggregate Wt.,pcf Loose(ASTM C29) 59,00 Splitting Tensile Strength of Concrete(ASTM C496)69.00
Abrasion by LA Rattler,Small Size(ASTM C131) 153.00 Unit Weight Lt Wt Concrete(ASTM 0567) 47.00
Abrasion by LA Rattler,Large Size(ASTM C131) 200.00 "AZ"Test-Reinforced Concrete Pipe"Life Factor" 67.00
Sodium Sulfate Soundness,Per Sieve(ASTM C88) 91.00 9 PtCore Measurements,Each(ASTM C174) 27.00
Sodium Sulfate Soundness,Min.Charge(ASTM C88) $ 309.00 Compressive Strength of Gunite 27.00
Relative Mortar Strength of Sand(ASTM C87) 377.00 Concrete Trial Batches QUOTE
Sand Equivalent(ASTM D2419 OR CT 217.1) 111,00 Unit Weight&Abs Concrete(ASTM D642) 101.00
Durability Index(CT 229) 222,00 Accelerated Curing of Concrete(ASTM C684) 222.00
Potential Reactivity of Aggregates QUOTE Cylinder Molds(each) 6.00
Cleanness Value of Aggregate(CT 227) 160,00 Storage of Concrete Cylinders for more than 45Days S 52.00
Hydrometer(ASTM D422 OR CT 205-E) 143,00 RH Probe 52.00
Crushed particles(CT 205) 143.00 Calcium Chloride Kit 36.00
Lightweight Pieces(ASTM 123) 191.00 Mixing Water(pH,elec.conductance,chloride,sulfate) $ 84.00
Contact Soil(pH,elec.conductance,chloride,sulfate) $ 103.00
HOT MIX ASPHALT
Mix Design,HVEEM 2,737,00 MASONRY
Mix Design,Marshall 5 2,657,00 Concrete Masonry Units Testing(ASTM C90)
AC Content by Centrifuge(ASTM D2172)222.00 Compression Test Pavers,Single 69.00
AC Ash Correction(ASTM 02172) 69.00 Compression Test Composlt CMU Prism 133.00
AC Content-Ignition ASTM D6307 or CT382 552.00 Specific Gravity and Unit Weight 98.00
Moisture Content of Asphalt(CT 370) 59.00 Moisture Content 46.00
Gradation/Extraction Aggregate(ASTM D5444) 116.00 Compression Test,Masonry Units(ASTM C140) 91.00
Film Stripping 79.00 Absorption/Moisture Content(ASTM C140) 91.00
Stabllometer Value(CT 366) 276.00 Linear Shrinkage(ASTM C426) 365.00
AC Core Specific Gravity(ASTM 02726) 47.00 Masonry Core Shear Test(Title 24) 77.00
AC Max Density Rice Method(ASTM 02041) 222.00 Masonry Core Compression/Shear Test(Title 24) 165.00
Moisture Vapor Susceptibility(CT 307) 180.00 Compression Test Brick,Each(ASTM C67) 69.E
AC Surface Abrasion(CT 360)440.00 Absorption/Unit Wt.of Brick(ASTM C67) 69,00
index Retained Strength(ASTM D1074-01075) 398.00 Compression Test Grout(Set of 3 or 4) 101.00
AC Hveem Maximum Density(CT 375) 387.00 Compression Test Mortar(Set of 3 or 4)69.00
Marshall Stability and Flow(ASTM D6927) 216.00
Calculated AC Maximum Density(CT 367) 84.00 WELDING ANO STRUCTURAL STEEL
Marshall Maximum Density,50 Blows(ASTM D6926) $ 254.00 Weider Qualification Testing
Examination of AC Cores 27.00 Structural Welding,Groove Weld,3/8"Plate 144.00 i
Thickness Determination of AC Cores 15.00 Structural Welding,Groove Weld,1"Plate 185.00
AC Tensile-Strength Premixed ASTM D4867 552.00 Structural Welding,Pipe Weld,6G 227.00
AC Tensile-Strength Lab Mixed ASTM 04867 639.00 Light Gauge Welding,DSA,Plug at Butt Welds 288.00
Face Bend of Steel 47.00
REINFORCING STEEL Root Bend of Weld Coupon 47.00
Tensile&Bend of Rebar,#3-#8 128,00 Side Bend of Weld Coupon 47.00
Tensile&Bend of Rebar,89-all 128,00 Tensile Test of Steel Coupon 69.00
Bend Test of Rebar 124.00 Bend Test of Steel Coupon 59,00
Slip and Tensile Rebar Couplers(CT 670)179.00 Machining Charges(Per Coupon) 96.00
Tension Test of Welded Wire Fabric Quote Brinell Hardness of Steel(ASTM E10) 84,00
Bend Test of Welded Wire Fabric Quote Rockwell Hardness of Steel(ASTM E18) 84.00
Weld Shear Test,Welded Wire Fabric Quote Bolt Ultimate Load 122.00
PT Cable Tensile and Elongation(ASTM A416 or A421) Quote Bolt Hardness(set of 3) 79.00
PT Cable Preparation Quote Nut Hardness(set of 3) 79.00
Washer Hardness(set of 3 79.00
CALIBRATION Proof Loading,bolt ornut 122.00
Torque Wrench 155.00
Hydraulic Jack 113.00 FIREPROOFING
Cohesion/Adhesion Fireproofing Materials 106.00
CARBON Dry Density Fireproofing(ASTM E605) 79,00
Carbon Ro-Tap Abrasion 165.00
Carbon Sieve Analysis 84.00
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