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HomeMy WebLinkAbout4.19 Berlogar Amend Agmt CZTY CLERK File # 600-30 AGENDA STATEMENT CZTY COUNCZL MEETZNG DATE: June 2001 SUBJECT: Amendment to Agreement with Berlogar Geotechnical Consultants for General Geotechnical Services Report Prepared by: Lee S. Thompson, Public Works Director ATTACHMENTS: 1) Resolution and Proposed Amendment 2) Letter from Berlogar Geotechnical 3) Current Agreement and Amendment RECOMMENDATION:~ Adopt resolution approving amendment to agreement and authorize Mayor to execute amendment. FINANCIAL STATEMENT: Under this agreement, Berlogar Geotechnical Consultants provides general geotechnical services to the City based on the adopted rate schedule. Types of services performed would typically be plan checking and peer review for private development projects or soils engineering for Capital Improvement Program (CIP) projects. Berlogar provides specific not-to-exceed proposals for each project. The cost of the service would either be paid by developers or would be budgeted for the specific CIP. Berlogar Geotechnical is not proposing any rate increase for Fiscal Year 2001-2002. A maximum of $50,000 per year is proposed for work to be performed under this agreement. DESCRIPTION: The City has contracted with Berlogar Geotechnical Consultants since 1997 for general geotechnical services. The services provided to date have been peer review for private development projects and design and testing services for CIP projects. Staff is proposing that the agreement be extended for a two-year period and to allow the consultant to request an adjustment of rates for the second year of the term. Berlogar is not requesting any rate increase for Fiscal Year 2001-2002. Under this agreement, Staff would typically obtain a not-to-exceed proposal from Berlogar for each specific private development review or Capital Project. The cost of the work is budgeted within individual CIP's or is paid by the developer. The work provided to date by Berlogar Geotechnical has been satisfactory, professional, and competitive, and Staff recommends that the City Council approve the amendment to the agreement. COPIES TO: Frank Berlogar ITEM NO. 4~ g:\engr\berlogar\agstamnd99 RESOLUTION NO. - O1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING AMENDMENT TO AGREEMENT FOR GEOTECHNICAL SERVICES WITH BERLOGAR GEOTECHNICAL CONSULTANTS WHEREAS, the City Council of the City of Dublin approved an agreement for geotechnical services with Berlogar Geotechnical Consultants, on June 11, 1997 which was extended until June 30, 2001; and WHEREAS, the term of the agreement is proposed to be extended until June 30, 2003, allowing Berlogar Geotechnical Consultants to request an adjustment of rates for the second year of the term; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (extension of term) with Berlogar Geotechnical Consultants, which is attached hereto as "Exhibit A." BE IT FURTHER RESOLVED that the Mayor is authorized to execute the amendment. PASSED, APPROVED AND ADOPTED this 19th day of June, 2001. AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: City Clerk g :\engr\berlogar\resoamnd0 1 EXHIBIT "A" OF RESOLUTION -01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafier referred to as "CITY") and Berlogar Geotechnical Consultants (hereinafier referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2001; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (terminating June 30, 2003); NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 2002-2003 Fiscal Year; i.e., until June 30, 2003. CITY OF DUBLIN Mayor ATTEST: City Clerk BERLOGAR GEOTECHNICAL CONSULTANTS Date: g:engr contract\berlogar\amndmentO 1 .doc ICA:L Via Facsimile and Mail !,,a :;, c, ;,;: (: ~ (3 O ] ; ~'`~ ~' '\;~]::2 ':': ;.: March 5, 2001 pBBLtC WORKS ....... ' '~ Mr. Lee S. Thompson, Public Works Director City of Dublin P.O. Box 2340 Dublin, California 94568 Subject: Contract Fiscal Year 2001 - 2002 Dear Mr. Thompson: Pursuant to your letter of March 1, 2001 regarding a contract for fiscal year 2001 - 2002, please be advised that we would like to renew the contract. We request no changes in our hourly rates or contract language. Please call me if you have any questions. Respectfully, BERLOGAR GEOTECHNICAL CONSULTANTS Ogar FB:pv wp9/proposal/10229 STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of~/~(A/~ / f , 1996, by and between the CITY OF DUBLIN, a municipal corporation ("City"), and BERLOGAR GEOTECHNICAL CONSULTANTS ("Consultant"), who agree as follows: 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in Exhibit A. Consultant shall provide said services at the time, place, and in the manner specified in Exhibit A. 2. PAYMENT. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner. set forth in Exhibit B. The payments specified in Exhibit B shall be the only payments to be made to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all billings for said services to City in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which Consultant uses for billing clients similar to City. 3. FACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consultant shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. City shall furnish to Consultant only the facilities and equipment listed in Exhibit C according to the terms and conditions set forth in Exhibit C. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit D are part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. SUBCONTRACTING. The Consultant shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. 7. CHANGES. City may from time to time require changes in the scope of the services by Consultant to be performed under this Agreement. Such changes, including any change in the amount of Consultant's compensation which are mutually agreed upon by City and Consultant, shall be effective as amendments to this Agreement only when in writing. 8. RESPONSIBLE CHARGE. Consultant shall assign a project manager(s) to the project for the duration of the project. There shall be no change in the Project Manager or members of the project team without prior written approval by the City. The Project Manager for Consultant shall be PHILIP TSE. 9. CONTRACT ADMINISTRATION. This Agreement shall be administered by LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or through the Administrator or his or designee. Agreement Page 1 of 2 10. NOTICES. Any written notice to Consultant shall be sent to: Any written notice to City shall be sent to: Lee S. Thompson Director of Public Works/City Engineer P. O. Box 2340 Dublin, CA 94568 Executed as of the day first above stated: CITY OF DUBLIN, & ii~lt~ll A~te~~~_.. ~ By Approved as to form: City Attorney Agreement /~z~/,'~ ~/0/~ EXHIBIT A SCOPE OF SERVICES AND SCHEDULE (GEOTECHNICAL) To provide geotechnical peer review of soils and geologic reports for private development projects, provide testing and field observations and attend meetings as requested. Consultant shall provide the City with a not-to-exceed fee on a project by project basis for peer review and geologic reports for private development projects, provide testing and field observations and attend meetings as requested.. Exhibit A EXHIBIT B PAYMENT SCHEDULE .City shall pay Consultant on a time and expense basis not to exceed the total sum of FIFTY THOUSAND DOLLARS ($50,000) per year for services to be performed pursuant. to this Agreement. Consultant shall submit invoices at the end of project based on the cost for services performed. The total sum stated above shall be the total which City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the City Manager or other designated official of City authorized to obligate City thereto prior to the time such extra service is rendered and in no event shall such change order exceed twenty- five percent (25%) of the initial contract price. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of City. If the Agreement is terminated by City, Consultant shall.be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. In that event, all finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Ci~nsultant hereby expressly waives any and all claims for damages or compensation arising under this Agreement. Consultant shrill maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a fully executed Purchase Order from the Finance Department of the City of Dublin. Exhibit B Page 1 of 1 EXHIBIT C City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Contractor's use while consulting with City employees and reviewing records and the information in possession of City. The location, quantity, and time of furnishing said physical facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any faci!ity which may involve incurring any direct expense, including, but not limiting the generality of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Exhibit C EXHIBIT D GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's engineering services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. 2. LICENSES; PERMITS; ETC. Consultant represents and warrants to City that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice his profession. Consultant represents and warrants to City that Consultant shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 3. TIME. Consultant shall devote such time to the performance of services pursuant tO this Agreement as may be reasonabl$, necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. 4. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Consultant's bid. A. Minimum Scope of Insurance. Coverage shall be at least as broad as: (1) Insurance Services Office form number GL 0002 (Ed. 1/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001). (2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. (3) Worker's Compensation insurance as required by the Labor Code of the State of California and Employers Liability Insurance. B. Minimum Limits of Insurance. Consultant shall maintain limits no less than: (1) General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/lOcation or the general aggregate limit shall be twice the required occurrence limit. (2) Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Exhibit D Page 1 of 4 (3) Workers Compensation and Employers Liability: Workers Compensation limits as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approi~ed by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials and employees; or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. D. Otller Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: (1) General Liability and Automobile Liability Coverages. (a) The City, its officers, officials, employees and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of the Consultant; products and completed operations of the Consultant, premises owned, occupied or used by the Consultant, or automobiles owned, leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of the protection afforded to the City, its officers, officials or employees. (b) The Consultant's insurance coverage shall be primary insurance as respects the City, its officers, officials and employees.' Any insurance or self- insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. (c) Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City, its officers, officials, employees or volunteers. (d) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. (2) Worker's Compensation and Employers Liability Coverage. The insurer shall agree to waive all rights of subrogation against the City, its officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. (3) Professional Liability. Consultant shall carry professional liability insurance in an amount deemed by the City to adequately protect the City against liability caused by negligent acts, errors or omissions on the part of the Consultant in the course of performance of the services specified in this Agreement. (4) All Coverages. Exhibit D Page 2 of 4 Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. E. Acceptability of Insurers. Insurance is tobe placed with insurers with a Bests' rating of no less than A:VIII. F. Verification of Coverage. Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. H. The Risk Manager of City may approve a variation of those insurance requirements upon a determination that the coverages. scope, limits and forms of such insurance are either not commercially available or that the City's interests are otherwise fully protected. 5. CONSULTANT NO AGENT. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCF.. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices his profession. All instruments of service of whatsoever nature which Consultant delivers to City pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in Consultant's. profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONSULTANTS. Consultant shall take all responsibility for the work, shall bear all losses and damages directly or indirectly resulting to him, to any subconsultant, to the City, to City officers and employees, or to parties designated by the City, ola account of, and to the extent caused by, the negligent performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the Consultant or of his subconsultant. Consultant shall indemnify, defend and hold harmless the City, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from, and to the extent caused by, the negligent performance of the work. This paragraph shall not be construed to exempt the City, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the Civil Code the parties Exhibit D Page 3 of 4 ( < ]] hereto recognize and agree that this Agreement is not a construction contract. By execution of this Agreement Consultant acknowledges and agrees that he has read and understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the Consultant or subconsultants from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 11. DOCUMENTS. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared by Consultant pursuant to this Agreement shall become the property of City upon completion of the work to be performed hereunder or upon termination of the Agreement. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights, or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the California Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. Exhibit D Page 4 of 4 I"R/9~/O~ BERLOGAR Via Facsimile and M~I GEOTECHNICAL CONSULTANTS Ci~ o~ ~blin ~ubli~ ~o~ 100 C~v~ ~l~a ~ublin, Cal~fo~a 94~68 Dear Jim: Thank you for requesting information about our company for setting up yearly contract for geotechnical peer review sen, ices. Attached please find literature on Berlogar Geotechnical Consultants (BGC) and our 1994 Fee Schedule as well as resumes of our key personnel. We will be happy to provide geotechnical/geologic assistance to you, and perform geotechnical/ geological peer review on your projects. BGC has been serving Bay Area and Northern California clients for over 23 years, on man), sophisticated projects. We have built our reputation by successfully solving difficult geotechnical problems on pipeline projects, unstable hillside sites, old landfill areas, delta projects, bay flats and other marginal or particularly sensitive properties. We also provide construction monitoring services for earthwork projects, landfill closures, pavement construction and concrete placement. Our capabilities include: · Geologic and engineering geologic services · Earthquake fault analysis · Soil and foundation engineering · Geologic hazards evaluations · Ground water studies · Dam safety reviews · Levee evaluations and construction · Hazardous waste site evaluations · Pipeline investigations and construction · Landslide investigation and construction · Landslide and slope stability analysis · Rock mechanics engineering · Environmental geologic assessments · Baylands .process analysis · Construction monitoring, including soil compaction, asphalt concrete and concrete testing · Laboratory testing of earth materials, asphalt and concrete · Environmental site assessment ( (: May 6, 1996 /~' Page 2 · Landfill design, including landfill closure Our staff includes registered civil and geotechnical engineers as well as certified engineering geologists and registered environmental assessors with extensive experience in professional consulting. To support our engineering staff, we employ a staff of earthwork and concrete technicians with multifaceted experience in construction testing and monitoring; along with our fully-functional laboratory, which is equipped to handle all types of soil, rock, asphalt concrete and concrete testing. More than these capabilities our single greatest asset is our relationship with our clients, a factor that has consistently brought our fkrm repeat business. We are ~known for our responsiveness and attention to our clients' needs, while upholding our tradition of care and thoroughness. Since we are a medium-size firm, rapid communication and satisfaction of deadlines occur daily,. as an integral part of the way we do business. At the same time, our staff size allows for flexibility, elimination of duplicated effort, and minimization of the overhead costs that are frequently incurred by larger organizations. Our staff size is about 20 to 25, which is a small business operation. If you have any questions or if we may supply additional information, please do not hesitate to contact me. We look forward to meeting with you at your earliest convenience to discuss your future projects, and our possible involvement with you on any project in which we may be of service to you now, or in the future. Respectfully submitted, Philip ~se Associate PT:pv AV[~Ch.ITIenLS: Statement of Qualifications 1994 Fee Schedule Resumes: Frank Ber]ogar Philip Tse Miles Hunter Raymond P. Skinner Theodore P. Bayham Paul Lai Copies: Addressee (2) wp51/proposal/3572 BEpd_OGAR GEOTECHNICAL CONSUE..-,NTS /~ c~ FEE SCHEDULE - 1994 General Biitin,~ Rate/Hour Principal Engineers and Geologists ........................................................................ $152.00 Associate Engineers and Geologists ......................................................................... 132.00 Senior Engineers and Geologists ........................................................................... 116.00 Project Engineers and Geologists ........................................................................... 104.00 Staff Engineers and Geologists .............................................................................. 94.00 Supervising Technicians ................................................................................. 104.00 Laboratory Technicians ................................................................................... B0.00 Senior Engineering Technicians ............................................................................. 80.00 Engineering Technicians .................................................................................. 72.00 Computer Time ......................................................... ~ .............................. 20.00 Draftsman ............................................................................................ 70.00 Word Processor ........................................................................................ 47.00 Clerical .............................................................................................. 32.00 Outside Services .................................................................................. Cost + 15% Vehicle ........................................................................................... 44C/mile Nuclear Density Gauge (Two-Hour Minimum) .................................................................. 7.00 Proton Magnetometer ................................................................................ 100.00/day Seismograph (12 Channel) ............................................................................ 263.0D/day Slope Indicator .................................................................................... 126.00/day Sondex Instrument ................................................................................... 8P,.00/day Facsimile Charges .................................................................................. 1.00/sheet Overtime work performed at the request of the Client or necessitated by Contractor - working overtime will be billed at 1.5 times the hourly rates listed above. Limitations BERLOGAR GEOTECHNICAL CONSULTANTS provides services in the field of Soil Engineering - Engineering Geology, in accordance with presently accepted professional practices. No warranty, either expressed or implied, is granted as part of pe~ormance of our work. For any damage on account of any error, omission or other professional negligence, our liability will be limited to a sum of $50,000 or our fee, w?,ichever is greater. in the event the Client makes a claim against BERLOGAR GEOTECHNICAL CONSULTANTS at law or otherwise, for any alleged error, omission or other acts arising out of the performance of our professional services, and the Client fails to prove such claim, then the Client shah pay all costs incurred by BERLOGAR GEOTECHNICA, L CONSULTANTS in defending itself against the claim. On-Site Investi~ation Conditions (a) Client shall indicate to-Consultant the property lines and is responsible for accuracy of markers. (b) Client shall .grant free access to the site for all necessary equipment and personnel. The Client shall notify any and all possessors of the project site, whether they be Jawfully or unlawfully in possession, that Client has granted Consultant free access to the project site, and Client shall secure permission (and any permits) necessary to allow Consultant free access to the project site at no charge to Consultant unless specifically agreed to othenvise in the letter of proposal attached hereto. (c) Client shall take steps to see that the propen.~, is protected inside and out, including all landscaping, shrubs and flowers, and Consultant will not be responsibie for damage to lawns, shrubs, landscapes, walks, sprinkler systems, or underground utilities and installation caused by movement of earth or equipment. (d) Client shall locate for Consultant and shall assume responsibility for the accuracy of his representatives as to the locations of all underground utilities and installations. Consultant will not be responsible for damage to any such utilities or installations not so located, and any such damage may, at Consultant's option, be repaired by Consultant and billed at cost plus 15 pmercent to Client. Such costs are in addition to the fees defined by the proposal of which this Fee Schedule is a pail. (el Consultant will make borings and/or trenches during subsurface exploration of the site. Consultant will attempt to backfill all borings and/or trenches but will make no attempt to compact said backfill so it is probable that settlement of the backfill will occur. Client hereby agrees to accept all responsibility for conditions related to backfill settlement. If Ciient'req~Jests, Consultant will retain a third party to compact such backfill. The charges thereof will be- billed to the Client at cost plus 15 percent Such charges are in addition to any amounts previously authorized by the Client. (f) All samples of soil or rock will be discarded thirty days after sdbmission of our report uniess specific arrangements are previously made by Client. EXemPT "A" n SO UTmN !12t AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECItNICAL CONSULTANTS ' FOR GEOTECtINICAL SERVICES WEREAS, the City of Dublin (hereinaeter referred to as "CITY") and Berlogar Geotechnical Consultants (hereinaf~er referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 1999; and W1TEREAS, Consultant and the City of Dublin wish to extend the term of said agreement 'for an additional two-year period (terminating June 30, 2001); and WHEREAS, Consultant has proposed a rate increase for the 1999-2000 fiscal year; NOW, THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 2000-2001 Fiscal Year; i.e., until June 30, 2001. Adjustment of Rates The rate schedule attached hereto as Exhibit A shall be effective for the 1999-2000 fiscal year. Consultant may propose a further adjustment of rates for the second year of the agreement term. CITY OF DUBLIN ATTEST: BERLOGAR GEOTECHNICAL CONSULTANTS Da~e: , i, ~ / BER~GAR GEOTECHNICAL CONSULT~ ~ S / ~ ~ FEE SCHEDULE - 1999 General BlllinJ~ Rate/Hour Principal Engineers and Geologists ................................................... /, .................... $165.00 Associate Engineers and Geologists .................................................. ~. ...................... 140.00 Senior Engineers and Geologists ........................................................................... 125,00 Project Engineers and Geologists .......................................................................... 1 t3,00 Staff Engineers and G~ologists ............................................................................ 102.00 5uDervising Technicians ........... ~ ................................................................... .. 115.00 Laboratory Technicians ................................................................................... 86,00 Senior Engineering Technicians ............................................... ; ............................ 86.00 Engineering Technicians .................................................................................. 78,00 Computer Tim~ ........................................................................................ 25,00 Draftsman: ............................................................................................ 77,00 Word Processor ........................................................................................ 52.00 Clerical ............................................................................................. 37.00 Outside Services ................................................................................. Cost + 15% Vehicle .......................................................................................... 45C/mile Nuclear Density Gauge tTwo-Hour Minimum) .................................................................. 7.00 Proton Magnetometer ............................................................................... 120.0D/day Seismograph (12 Channel) ............................................................................ 325.00/day . 5[ope Indicator .................................................................................... 150,00/day Sondex Instrument ................................................................................. 110.00/din; Overtime work pe~ormed at the request of the Client or n,:c~ssitated by Contrac*ior - working overtime will be bitled at 1.5 times the hourly rates listed above. Expert witness testimony/deposition minimum charges: $250/Ht~ur; preparation at applicable hourly rates. Project-related out-side costs including: Equipment rent-q, con.~ultants. special fees, permits or iosurance, meals and lodging and other similar items are bitled at cost + 15%, in lieu of individually cha~ing fcr: photo copies, fedare! express, facsimile, telephone and clerical time a fiat fee of 2% of total labor will be charged. Copies of previously issued ,eport; of up to ~0 pages will be bfiled at $35.00 for the first copy, and $25.00 for each additional copy. Specific quotes for larger reports and/or report'~ containing drawings larger thsn 8~,~ X 11 inches. Laboratow Tests (Unit charge for laboratory testing including the normal laboratory work and report of results only. Unusual or time-consuming sample preparation or special tests are billed at hourly charge for the laboratory technician. Charges for testing which are not listed will be given upon request. Similarly, a reduction of the Fee Schedule rate can be given for a large number of tests). Billing Billing Rate/Test Rate/Test Classification Tests ShrlnldSwe{] Tests (including moisture content Atterberg Limits (Pi & LL) ......................... $115 and dr,,, unit weight determinations) Sieve Analysis ................................... 90 A. Undisturbed ................................. $ 75 Percent Passing #200 Sieve .......................... 47 B. Retooldeal ................................... 145 Hydrometer A-nalysiS . ~ ........................... '1 T0 Str_.J.n.~.,h Tests (including moisture content Sand Equivalent .................................. 95 and dry unit weight determinations) Specific Gravity ................................. 114 Direct Shear, Per Point Bulk Specific GraviW ........................... ..., 98 A. Undisturbed ............................... 45 Moisture Con~ent/Unit Weight ....................... 13 ~. Remolded ................................. 90 Compaction Curves Tri_.__axial Ccrr, rplession, Per Point A. 4-1nch Mold ............. ' .................... 180 A. Unconsohdated, Undrained ................... 118 B: 6-Inch Mold ................................. 210 B. Unconsulidated, Undrained and BacksatGration ..... 200 C. Cal Irapad CvVet) .............................. 180 C..Consolidated, Undrained ..................... 214 D. Cal Impact (Dry) .............................. 210 D. Consolidated, Undrained and Backsatueated ....... 270 E. 1 Point Verification ............................. 77 E. Consolidated, Drained ....................... 212 Durability Factor F. Pore Pressure Measurements .................... 70 A. Fine ....................................... 170 G. Retooltied Specimens, Add, Per Point ............. 50 B. Coarse ..................................... 140 Unconfined Compression L,A. Rattler .................................... 180 A, Undisturbed ............................... 75 R-Value Tests - B. Retooldeal ................................ 120 Not Requiring Reproporfioning ...................... 240 Consolidation Tests (including moisture content "Req~:i~'~"'~'~':6~ rti ' g 270 and dry unit weight determinations) r o omn ......................... Cement, Lime, O[her ............................. 270 Concrete.Tests (including moisture. contenf B. Remolded ................................ 230 and dry unit weight determinations) C. Time Compression Curve, Per Increment ........... 45 A. Compression Tests (set of 3 soecimens) ............ q7 f r ,"d' ,,2r EXHIBIT "A" OF RESOLUTION 5~ -98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECttNICAL CONSULTANTS FOR GEOTECItNICAL SERVICES WItEREAS, the City of Dublin (hereinat~er referred to as "CITY") and Berlogar Geotechnical Consultants .(hereinaf[er referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WltF~REAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional one-year period (terminating June 30, 1999); NOW, TItEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. CITY OF DUBLIN BERLOGAR GEOTECHNICAL CONSULTANTS CiTY 0t: DUBLIN BDII_DINC~ II~ISPECTION