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Home My WebLink AboutItem 4.05 AmendAgmtBerlogarGeoCITY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 20, 2004 SUBJECT: Amendment to Agreement with Berlogar Geotechnical Consultants for General Geotechnical Services Report Prepared by: Melissa Morton, Public Works Director ATTACHMENTS: 1) 2) 3) 4) Resolution and Proposed Amendment Letter from Berlogar Geotechnical Rate Comparison Current Agreement and Amendments RECOMMENDATION: ~Adopt resolution approving amendment to agreement FINANCIAL STATEMENT: Under this agreement, Berlogar Geotechnical Consultants provides general geotechnical services to the City based on the adopted rate schedule. Services performed typically include planchecking and peer review for private development projects or soils engineering for Capital Improvement Program (CIP) projects. Berlogar is proposing an increase of 4.54% for Fiscal Year 2004-2005. Since no rate adjustment was requested in Fiscal Year 2003-2004, the increase equates to 2.27% per year. DESCRIPTION: The City has contracted with Berlogar Geotechnical Consultants since 1996 for general geotechnical services. The services provided over the last two years have primarily been in the area of testing services for Parks & Community Services CIP projects, such as Bray Commons Park, Fire Station #17, and the Senior Center. Staff is proposing that the agreement with Berlogar be amended for the second year of the term to reflect a rate increase for Fiscal Year 2004-2005. Under this agreement, Staff would typically obtain a not-to- exceed proposal from Berlogar for each specific Capital Project or private development review and obtain written authorization from the applicant ip the case of development review, before beginning any task. The cost of the work is budgeted within th6individual CIP or 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. g:\engr\berlogar~agstamnd04-05 COPIES TO: Frank Berlogar ITEM NO. RESOLUTION NO. - 04 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, 1996; and WHEREAS, said agreement was amended to extend the term of the agreement until June 30, 2005; and WHEREAS, said amendment allows for an adjustment of rates for the 2004-2005 fiscal year, which Beflogar Geotechnical Consultants has requested; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does hereby approve the amendment to the agreement (adjustment of rates) 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 20th day of July, 2004. AYES: NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\engr\berlogar~resoamnd 04-05 EXHIBIT "A" OF RESOLUTION -04 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECItNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Berlogar Geotechnical Consultants (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1996, to provide engineering services to CITY; and WHEREAS, the term of the agreement was extended to June 30, 2005; and WltEREAS, Consultant and the City of Dublin wish to amend said agreement to reflect the rates in effect for Fiscal Year 2004-2005; NOW, THEREFORE, the parties hereto agree as follows: Adiustment of Rates The rate schedule attached hereto as Exhibit 1 shall be effective for Fiscal Year 2004-2005 until termination of agreement on June 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, then this agreement will automatically extend until a new agreement or amendment to agreement is entered into or City gives written notice of termination. CITY OF DUBLIN ATTEST: City Clerk Mayor //~ER~. OG~ GEOTECHNICAL CONSULTANTS ~;ate:' ~'~ g:engr contmct\berlogar~amndment 04-05.doc BERLOGAR GEOTECHNICAL CONSULTANTS FEE SCHEDULE - 2003 General Billing Rate/Hour Principal Engineers and Geologists ...................................................................... $180.00 Associate Engineers and Geologists ...................................................................... 152.00 Senior Engineers and Geologists ......................................................................... 135,00 Project Engineers and Geologists ........................................................................ 123.00 Staff Engineers and GeoIogists ' 111.00 Supervising Technicians ............................................................................... ~ 25.00 LaboratorF Technicians ................................................................................. 93.00 Senior Engineering Technicians .......................................................................... 93.00 Engineering Technicians ............................................................................... 85.00 Computer Time ....................................................................................... 27 O0 Draftsmcn ............................................................................................ 84.00 Word Processor ...................................... , ............................................... 57,00 Clerical ............................................................................................ 40.00 Outside Services ................................................................................. Cost + 20% Vehicle ........................................................................................... 49C/mile Nuclear Density Gauge (Two-Hour Minimum) ................................................................. 9,00 Proton Magnetometer ........................................................................... 130.00/day Seismograph [! 2 Channel! ........................................................................ 353.00/day Stooe Indicator .................................................................................. 163.00/day Sondex nstrument ............................................................................... 120.00/day Overtime work oefformed at the reauest of the Client or necessitated by Contractor working overtime will be billed at 1.5 times the hourly rates listed above. Expert witness testimony/deposition minimum cnarges: $2,200/day, $1,300/hail-day; preparation at applicable hourly rates. Project-related out-side.costs including: Equipment rental, consultants special fees, permits or insurance, meals and lodging and other similar items are billed at cost + 20%. In lieu of individually charging for: photo codes, federal express, facsimile, Telephone and clerical time a flat fee of 2% of total labor will be charged. Copies of previously issued reports of up to 50 pages will be biiled at $42.00 for the first copy, and $32,00 for each additional copy. Specific quotes for larger reports and/or reports containing drawings larger than 81/2 X 11 inches. Laborator¢ Tests [Unit charge for laboratory testing including the normal laboratoB/work and report of results only. Unusual or time-consuming sample preparation O(.speciaI tests are billed at hourly charge for the laboratarv technician. Charges for testing which are not listed wiil be given upon request. Similarly, a reduction of the Fee Schedule rate can be given for a large number of tests]. Billing BiJlJng Rate/Test Rate/Test Classification Tests Atterberg Limits (PI & LL) ........................ $1 25 Sieve Analysis .................................. 98 Percent Passing #200 Sieve ....................... 51 Hydrometer Analysis ........................... 120 Sand Equivalent ............................... 103 Spe'diEic Gfavi~y ................................ ! 24 Bulk Specific Gravity ............................ 106 Moisture Content/Unit Weight ...................... 15 Compaction Curves A. 4-Inch Mold ................................ 195 B. 6-Inch Mold ................................. 228 C. Cai impact CC/et) ........................... 195 D. Cai impact (Dry] ............................. 228 E. 1 Point Verification ............................ 84 Durability Factor A. Fine ....................................... 185 B. Coarse ................................... 152 LA, Rattler .................................... 195 R-Value Tests Not Requiring Reproporttoning .................... 260 Requiring Reproportioning ....................... 294 Cement, Lime, Other ........................... 294 Concrete Tests (including moisture content and dB/unit weight determinations) A. Compression Tests (set of 3 specimens) .......... 62 B. Trial Batch .................................. 788 Shrink/Swell Tests [including moisture content and dry unit weight determinations] A, Undisturbed ................................. $ 82 B. Remolded .................................. 158 Strength Tests (inciuding moisture content and dry unit weight determinations] ~Ir~ct: She g_~r ,_~,Re_ r_.p:~o~i n~ A, Undisturbed .............................. 49 B. Remotded ................................ 98 Triaxiat Compression~ Per Point A, Unconsolidatea, Undrained ................. 1 28 B. Unconsolidated, Undrained and Backsaturation 217 C. Consolidated, Undrained ................... 233 D. Consolidated, Undrained and Backsaturated ... 294 E, Consolidated, Drained ......... ' ............ 230 F. Pore Pressure Measurements ................. 76 G. Remolded Specimens, Add, Per Point .......... 55 Unconfined Compression A Undisturbed ............................ 82 B. r~emolded ............................... 130 Consolidation Tests (including moisture content and dry unit weight determinations) A. Undisturbed ............................ 195 B,. Remolded .............................. 250 C. Time Compression Curve, Per Increment ........ 49 Asphaltic Concrete A. Maximum Density ......................... 103 B. Extraction ............................... 130 C. Gradation .............................. 1.20 Via Facsimile and Mail February 20, 2004 Job No. 2122.000 Melissa A. Morton / Public Works Director City of Dublin P.O Box 2340 Dublin, California 94568 Subject: Contract Fiscal Year 2004-2005 Dear Ms Morton: Pursuant to your letter regarding a contract for fiscal year 2004 - 2005, attached please find a copy of our Fee Schedule - 2003 whicli would apply to the contract renewal: No changes in the contract language or scope of work are anticipated. Please call me if you have any questions, comments or require additional information. ReSPectfully, BERLOGAR GEOTECItNICAL CONSULTANTS SOIL ENGINEERS * ENGINEERING GEOLOGISTS · 5587 SUNOL BOULEVARD · PLEASANTON. BERLOGAR RATE COMPARISON FOR FY 2004-2005 AMENDMENT BRAY COMMONS TESTING: 02-03 RATES PER CLASSIFICATION AGMT PRINCIPAL ENGINEER/GEOL 171:00 ASSOC. ENGINEER/GEOL 145.00 SR. ENG [NEER/GEOLOGIST 129.00 PROJECT ENGINEER/GEOL 117.00 STAFF ENGINEER/GEOLOGIST 106.00 SUPERVISING TECHNICIAN 119.00 LABORATORY TECHNICIAN 89.00 SR. ENGINEERING TEOH 89,00 ENGINEERING TECH NEW DRAFTSMAN 80.00 WORD PROCESSING 54.00 CLERICAL 38.00 2003-2004 PROPOSED HOURS *2003-04 2004-2005 THRU 1120104 RATE COST RATE 1 171.00 171.00 180.00 0 t45.00 152.00 0 t29.00 135.00 0 117.00 123.00 0 106:00 t11.00 0.5 119.00 59.50 125.00 0 89.00 93.00 42 89.00 3,738.00 93.00 NEW 85.00 0 80.00 84.00 0.5 54.00 57.00 0 38.00 40.00 COST 180.00 DIFF. 9.00 5.26% 62.50 3.00 5.04% 3,906.00 168.00 4.49% PRINCIPAL ENGINEEPJGEOL ASSOC. ENGINEER/GEOL SR. ENGINEER/GEOLOGIST PROJECT ENGINEER/GEOL STAFF ENGINEER/GEOLOGIST SUPERVISING TECHNICIAN LABORATORY TECHNICIAN SR. ENGINEERING TECH DRAFTSMAN WORD PROCESSING CLERICAL RATES CHARGED 10/29/2003 180 125 93 9 57 0.5 3,968.50 4,148.50 180.00 4.54% * Per letter, Berlogar stated theywere not asking for a rate increase for 03-04 11/30/2003 12/30/2003 TOTAL 1 0.5 0.5 22 11 42 0.5 g:engr-cont ract\bedogar~ratecornp 04 STANDARD CONSULTING ENGINEERING SERVICES AGREEMENT THIS AGREEMENT is made at Dublin, California, as of(~/~~ [ [ , 1996, by and betWeen the CITY OF DUBLIN, a municipal corporation ("City"), and BERLOGAR GEOTECHNICAL CONSULTANTS ("Consultant"), who agree as follows: 1. ~.aR_V_t_G2~. 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. ~ACILITIES 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 se~wices 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 I of 2 06/04/96 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: Approved as to form: City Attorney CITY OF DUBLIN, a ~ corporation By ~ F,~,.J._ ~ - "Ci~"",~ By Agreement Page 2 of 2 05/23/96 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 Page 1 of 1 06/04/96 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 sermces pursuant to this Agreement. City shall make no payment for any extra, further or addi~tio .hal se..r~i.'ce pursuant to this Agreement unless such extra service and the price therefor as agreed to m wmmg 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.p.roperty; C,o.nsu, ltant here?y ex~pressly. waives any and all claims for damages or compensation arising uncter uus Agreemenu Consultant shall 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 Xerms 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 05/28/96 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 faei.lity 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 Page 1 of 1 O5/23/96 EXHIBIT D GENERAL PROVISIONS o 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 engineenng 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. 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 duringthe term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his profession. 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. INSURANCE REQUIREMENTS. Consultant shall procure and maintain for the duration oftbe contract insurance against claims for injuries to persons or damages to property which may arise from or in ~onnection 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 °flnsurance. 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 Insumuce 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) (2) 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/ibcation or the general aggregate limit shall be twice the required occurrence limit. Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and property damage. Exhibit D page 1 of 4 05/23/96 De (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. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and appro3ed 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. Otfier 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, em.pl.oyees 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 mount 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 05/28/96 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. Acceptability_ of Insurers. Insurance is to be 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. 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. ASSIGNMENT PROHIBITED. No party to this Agreement may assign any right or obligation pursuant to this Agreement. Any attempted or purported assignment of any fight or obligation pursuant to this Agreement shall be void and of no effect. o PERSONNEL. Consultant sh.~l 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. STANDAllD OF PERFORMANCE. Consultant shall Perform all services required pursuant to this Agreement in the manner and according to the standards obserVed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices 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. 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 mused 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 los~.'.; 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 05/28/96 10. 11. 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. GOVERNMENTAL REGULATIONS. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant shall comply with all applieable rules and regulations to which City is bound by the terms of such fiscal assistance program. 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 05/28/96 EXltlIlIT "A" OF RESOLUTION ~-98 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND'BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY") and Bedogar Geotechnical Consultants (hereinafter referred to as "CONSULTANT"), entered into a one-year agreement on June 11, 1997, to provide engineering services to CITY; and WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional one-year period (terminating June 30, 1999); NOW, 'THEREFORE, the parties hereto agree as follows: Extension of Term The term of the agreement shall be extended to coincide with the end of the 1998-99 Fiscal Year; i.e., until June 30, 1999. CikzC~rk - '"~ CITY OF DUBLIN BERLOGAK GEO'i'ECHNICAL CONSULTANTS CiTY OF DUBLIN BUILDING INSPECTION DEPT. EXHIBIT"A" OF RESOLUTION II~-99 ~ND~{ENT TO AGI~EM~NT BETWEEN CITY OF DUBLIN AND B~RLOGAR G~OT~CHNIcAL CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin (hereinafter referred to as "CITY")and Beflogar Geotechnical Consultants (hereinafter 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 WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year.period....(te.~:~g.J'.~: 3~0~201~';~)} 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 BERLOGAR GEOTECHNICAL CONSULTANTS / EXHIBIT "A" OF RESOLUTION ~-01 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City Of Dubliri (hereinafter referred to as "CITY") and Berlogar Geotechnical Consultants (hereinafter 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, 200I; 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. ci y lerf' k. CITY OF DUBLIN ' "4aa o BERLOGAR GEOTECHNICAL CONSULTANTS . g:engr contract\bertogar\amndment0 l.doc EXHIBIT "A" OF RESOLUTION l'2-9 -03 AMENDMENT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNiCAL cONSULTANTS FOR GEOTECHNICAL SERVICES WHEREAS, the City of Dublin '(hereinafter referred to as "CITY") and Geotechnical Consultants (hereinafter' referred to as ."CONSULTANT"), entered into a agreement on June 11, 1997, to provide.engineering services to CITY; and WHEREAS, the term' 0f the' agreement was extended to June 30, 2003; and Berlogar one-year WHEREAS, Consultant and the City of Dublin wish to extend the term of said agreement for an additional two-year period (tenmna~mg3runeB .Wi2r01Y~)'.,: NOw, THEREFORE, the pa~ties hereto agree as folloWs: Extension of. Term ThE term of the agreement shall be extended from July 1, 2003, to jUne 30, 2005. Should a new agreement or amendment to agreement to extend the contract not be entered into by June 30, 2005, then this agreement will automatically extend until a new' agreement or amendment to agreement is entered into or City gives written notice of tenuination. Not-To-Exceed An upper limit shall not be established for the dOllar value of work performed by Consultant within a given year; however, Consultant shall provide a per-task estimate and shall be. required to obtain written authorization from City prior to performing tasks under this Agreement. Adiustment of Rates The current rate schedule shall remain in effect for Fiscal Year 2003-2004. Consultant Shall be entitled to request a.fhrth.er'adjustment of rates for the Second' year of the agreement. A'i'TEST: ' CITY OF DUBLIN Mayor BERLOGA_K GBOTECHNICAL CONSULTANTS g:engr contract\berlogar~amndment03 -04.doc