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Home My WebLink About4.07 Berlogar AmendAgmt'TY CLERK File # 600-30 AGENDA STATEMENT CITY COUNCIL MEETING DATE: June 24, '1999 SUBJECT: Amendment to Agreement with Beflogar Geotechnical Consultants Report Prepared by: Lee S. Thompson, Public Works Director ATTACH2VIENTS: 1) 2) 4) Current Agreement and Amendment Letter from Berlogar Geotechnical Comparison of Current and Proposed Rate Schedules Kesolution and Proposed Amendment RECOMMENDATION: Ado resolution approving amendment to agreement and authorize Mayor to execute amendment. FINANC~_STAT~_~_T:~ ........... ~UEO_~t_Sh~s 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 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 Capital Project. Berlogar Geotechnical is proposing a rate adjustment that ranges from about 7.8% to 10.6% depending on personnel classification. The.ne~.effe~.0.f.~t~h~. adjustment if applied to 1998-99 hours by classification would b.~.~o~..~A,°~..~i~r~_~:~.,~,~.~a~t~o-year period, this is commensurate~ ~wkh.the Consumer Price Index rate., of.io_¢r~a~e~.~,.~.&..~p~.9~..5~P,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 the Dougherty Hills Slope Repair Capital Improvement Project. Berlogar is proposing a rate increase for Fiscal Year Consumer Price Index rate of increase. This will be their first incm~se i~ t~o years. Staffis proposing that the agreement be extended fo;"~'t~v;~'~'~i~'-~¥'~'~i'~°~'i~ ~'~;~ihnt to request an adjustment' 0f rates for the second year of the term. Under this agreement, Staff would typically obtain a not-to-exc, e~d proposal from Berlogar for each specific private development review or Capital Project. The cost of the work is budgeted within individual CIP~s oris paid by the developer. The work provided to date by Berlogar Geotechnical has been satisfactory, professional, and competitive, and Staffrecommends that the City Council approve the amendment to the agreement. COPIES TO: Frank Berlogar ITEM NO. 4.7 g:\engr\berlogar\agstamnd99 BET'vVEEN CITY OF'DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS ~ ' ' : ~:-'~"::' GEOTECHNICAL · .-':"",::' :: '..'. ~-: :' ~- .... FOR SERVICES ................... . ............................. -~ .. ' W_'l~REAS,:th'e::City- of Dublin (hereinafter:referred t0.zas_"CITY") and Beflogar Geotechnical Consultants (he)ei~iaffei- r~feh-ed-to-a§ "CONSULTANT"); entered into a one-year agreement on June 11, 1997, to provide engineedng S~rvi~S to CITY; 'and wm*~REAS, Consultant a~d the City of Dub '.I~n wish:, t°' exten, d th~..t.e..rrn 0f. said agreement for an additional one-year period (terminating June 30, 1999); -- '.. ' :-. -- .: .:.:- : . . ,- . NOW, THEREFORE, the pai'tie~ here/0 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; until June 30, 1999. ' .... "" '. ...... · "':' ' "' ' ~' CITY OF DUBLIN BERLOGAR GEO~ECB:NICAL CONSULTANTS CiTY OF DUI~LIN BUILDING INSPECTION DEPT. CONSULTING ENGINEERING SERVICES .AGREEMENT THIS AG~EMENT is made a~tDublin, Califomi~' ~ of~~ ? [ , 1996, b-~' ~d be~een ~e CITY OF D~L~, a m~cipal co~oration ("City"), ~d BE~OG~ GEOTEC~ICAL CONSULTANTS ("Consult~t"), who agree as follows: :' ...... I. SERVICES. Subject to ~e te~s ~d conditions set fo~ in ~s Agreement, Consult~t shall provide to Ci~ the. se~ices described in E~ibit A. C0nsUlt~t shall Provide smd se~ices at ~e time, place, ~d in the m~er specified in E~ibit A. 2. PA~ENT. Ci~ shall pay Consult~t for se~ices rendered p~su~t to t~s Agreement at the t~e ~d in the m~er set foah in E~ibit B. The payments specified in E~bit B shall be the o~y pa~ents to be made to Con~ult~t for se~ices rendered p~su~t to ~is Agreement. Consult~t shall submit ~I billings for said se~ices to City in ~e m~er specified in E~ibit B; or, if no m~er be specified ~ E~ibit B, ~en according to ~e usual ~d custom~ prp~ed~es ~d practices which Consult~t uses for billing clien~ simil~ to City. 3. ~ACILITIES AND EOUIPMENT. Except ~ set fo~ in E~bit C, Consult~t shall, at its sole cost ~d expe~e, ~sh M1 facifities ~d equipment which may be required for ~s~ng se~ices p~u~t to ~is Agreement. Ci~ shall f~nish to Consult~t only ~e facili~es ~d equipment listed in E~ibit C according to ~e terms ~d conditions set foah in E~bit C. 4. GENE~L PROVISIONS. The general provisions set fo~ in E~bit D ~e pm ot this Agreement. In ~e event of ~y inconsistency be~een said generM provisions ~d ~y o~er te~s or conditions of ~s Agreement, the o~er te~ or condition shall consol insot~ ~ it is inconsistent wi~ the general provisions. 5. EX,BITS. 'All e~ibits rete=ed to herein ~e attached hereto ~d ~e by this reference inco~orated herein. . 6. SUBCONT~CT~G. The Consult~t shall perform the work contemPlated with resources available wi~in its own org~ization and no portion of~e work pe~inent to ~is contract sh~t be subcon~acted wi~out ~i~en au~orization by the City, except ~at which is expressly identified in the Consult~t's proposal. ' ':~ 7~' ':'CHANGE~.' ~i~'may from'time to time require ch~ges in ~e scope of ~e se~ices by Consulter to be peffo~ed ~der ~is Agreement. Such ch~ges, including ~y ch~ge in ~e mo~t of Consult~t's compensation which ~e mutually ag~?d upon by City ~d Consult~t, shM1 be effective as mend~fits'to ~is Agreement only' when in ~mng. 8. RESPONSIBLE CHARGE. Consultant shall assign a project m~ager(s) to the project for the duration of the project. There shall be no ch~ge in ~e Project M~ager or members of the project tern without prior ~itten approval by the City. The Project M~ager for Consult~t shall be PHILIP TSE. 9. CONTACT ADM~IST~TION. This Agreement shall be ad~ifi}stered b~ LEE S. THOMPSON ("Administrator"). All correspondence shall be directed to or t~ough the Administrator or his or designee. · Agreement Page 1 of 2 06/04/96 10. NOTICES. Any written notice to Consultant shall be sent to: Any ~tteii:~i~otie~:io city ~hail be sent t01 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 m~corporation By 1~,~ ~ _r/~d "City"' By Agreement Page 2 of 2 05/23/96 /f EXHIBIT A SCOPE OF SERVICES AND SCHEDULE (GEOTECHNICAL) To provide geotechnical peer review of soils and geologic rep3r~ foi:i~ri(r'at'e 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 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 satisfac'tory work completed On such'dOcuments and other materials to the effective date of such termination. In that event, ail finished and unfinished documents and other materials shall, at the option of the City, become City's sole and exclusive property. Cbnsultant hereby expressly waives any and 'all claims for damages or compensation arising under this Agreement. Consultant shz/ll maintain adequate logs and timesheets in order to verify costs incurred to date. The Consultant is not authorized to perform any services or incdr 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 05/28/96 Via Facsimile and Mail May 6, 1996 BGC BERLOGAR GEOTECHNICAL CONSULTANT' CiD' of Dublin _ _ . - Public Works 100 Civic Plaza Dublin, California 94568 Attention: Mr. Jim Tucker ..,.- Dear Jim: Thank you for. i-equestin'z information about our company for setting up..'yearly contract for _*eotechnical peer review, services. Attached please find literature' on Berlogar'Ge'~Stecknical ~onsultants (-BGC) and our 1994 Fee Schedule as well as 'resumes of our key personnel. We will be happy to provide geotechn/cal/geologic assistance to you, and perfOrm geotechnical/ geological peer review on your projects. -. BGC has been' servin~ Bay Area and Norr_hern California clients for over 23 years, on many sophisticated P/'oj~Ct~.~Ve have built Our reputation by successfully solving diffikult geotechnical problems On pipeline projects, unstable hillside skes, old landfiI1 areas, delta projects, bay fiats and other mar*inal or parqcul~rh' sensitive' properties We alSo'Pr0vlde construction monitorin~ 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 stabiliD, analysis · Rock. mechanics engineering · Environmental geologic assessments · ·. Environmental site assessment Baylands process analysis- Consrructi0n monitoring, including soil compaction, asphalt concrete and concrete testing Laboratory testing of earth materials, asphalt and concrete · 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 fu-m repeat business. We are lmown 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 parr of the way we do business. At the same tit:ne, our staff size allows for flexibi)i~', elimination of duplicated effort, and minimization of the overhead coiis 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 `a,e may supply additional information, please do not hesitate to contact me. We look forward to meeting `a, ith you at your earliest convenience to discuss your future projects, and our possible involvement ~,ith you on any project in which we may be of se'i-vice to vou now, or in the future. Respectfully submitted, isC. c ,orEc c. Coh:smm - s Associate . ~ Attachments: Statement of Qualifications 1994 Fee Schedule Resumes: Frank Berlogar Philip Tse .... Miles Hunter Raymond P. Skinner Theodore P. Bayham Paul Lai . ' Copies: Addressee (2) wp51 tproposal."3572 FEE SCHEDULE - 1994 Genera! Billin~ Rate/Hour e and Joo ists ....................................................................... S152.00 Associate En§~eers and o~eOliso~ists ................................... . . . ......... 116.00I~ Senior Engine_rs and ~e:ol~'~_ts . · ............... t' ................... . ................................ 104.00 En~inee-ring Technicians .................................................. L..;. ·: ......................... 20.00 Computer Time .......................................................................... 47.00 Word Processor ............................................. . ............................. .32,00 Nuclear Density Gau§e (Two-Hour ~inimum) ........................................... . .' ~ ............... .... t t ................ '... 100.OD/day Sonde× Instrument ........................... ......... 1.00/sheet Facsimile Charges .................................................................................. 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 BE~£OGAR GEOTECHNICAL CONSULTANTS provides services in the field of Soil Engineering - E'ngineering Ge01o~/, in accordance w;th l~resentty' accepted professional pra~ices. No warranty, either exoressed or irnplied, is granted as pan of pe.~ormance o~' our work. ~1~ For any damage on account of any error, omission or other professional negligence, our liability will be limited to a sum of SS0,000 or our fee, wi-.ichever is greater. in tne 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 shall pay all costs incurred by BERLOGAR GEOTECHNICAL CONSULTANTS in defending itself against the claim. On-Site Investigation Conditions (al Client shall indicate to Consultant the property lines and is responsible for accuracy of markers. (bi 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 lawfully or unlawfully in possession, that Client has §ranted 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 otherwise in the letter of proposal attached hereto. lc) Ctient shall take steps to see that the property is proteoed inside and out, including all landscaping, shrubs and flowers, and Consultant will not be responsible for damage to lawns, shrubs, landscapes, walks, sprink er systems, or under, round 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 under,,round utilities and installations. Consultant will not be resoonsible 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 percent to Client. Such costs are in addition to the fees defined by the proposal of which this Fee Schedule is a part. Consultant will make borings and/or trenches during subsurface exploration oF the site. Consultant will at~empt to backt~ ali borings and/or trenches but will make nc 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 Client-requests, Consultant will retain a third party to compact such backfill. The chartes 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. All samples of soil or rock will be discarded thirty days after sdbmission of our report uniess specific arrangements are previously made by Client. 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'find the information in possession of City. The l~3cati6h; 'q~tity, 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 facility which may involve incurring any direct expense, including, but not limiting the generhlity of this exclusion, long-distance telephone or other communication charges, vehicles, and reproduction facilities. t , Exhibit C Page 1 of 1 05/23/96 o EXHIBIT D GENERAL PROVISIONS 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 contr61 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. - ' ' ',: ~ ...' ... : L 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. TIME. ~onsultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonabl3? necessary for satisfactory performance of Consultant's obligations pursuant to this Agreement. INSURANCE REOUIREMENTS. Consultant shall procure and maintain for the duration of the contract insurance figainst 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 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 0flnsurance. 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 05/23/96 · ' (3)~ Workers ComPensation and Employers Liability: Workers Compensation limits ~ .--:-?,~'-,:-,~. -~:: as required by the Labor Code of the State of California and Employers Liability -'-! - ~ ....... ~'""'~ "-' hmlts'"~' of $1',000,000' Per accident. ~:::.' ' -~'.. '-TM.... ' .... ~ ~. ;~ ~ ~!.'.'~-.~:' .--·'.: ;7~;.::i~~ '· ~'.'. _ ~, -.,.. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must ~ .... be declak~d'to and approved by the City. At the optioa 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 rela. ted investigations;'c!airn administratibn ~d defense expenses. D. Otl~er Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: . (1)-'- General Liability and Automobile Liability Coverages. ' "~-' '·:s:~:: [~ '(a) - '-. The City, its officers, officials, emp. l.oyees and volunteers are to be covered ..... · ::-~,~ :':':.~...<::~-:. :.:'~;"ks insureds as respects:' liability arising out of activities performed by or :: ........ .--- on behalf of the Consultant; prodt~cts and Completed operations of the Consultant, premises owned, occupied or used by the Consultant, or - . automobiles owned, leased, hire'd 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 ._ contribut~ with it. ' .if,. i - .~; .:' .~ .~'~-. .... :. ~'.' '.'] ~..C:~'"',,..~'i:.[~ ~ ..' . ', L' .~ :, '. ' ' -, ..... - · "- :-'" (c) 'Any failure to comply with reporting provisions of the policies shall not ......... 'affect coverage provided to the City, its officers, officials, employees or lunteers. "' (d) The Consukant's insurance shall apply sepai:ately to each insured against ....... '. ' whom claim is made or suit is brought, except with respect to the limits of ." the insurer's liability. .... . -. . ' .... :.: ~,': ~'V .... ........ ' (2) "Worker's Compensation and Employers Liability Coverage." · - 'i; ' . i'.' i.';' ,. ' ':';'~ .... """ ..... ' .... ' The insurer shall agree to waive all rights of subrogation again§t'th~ City, it§- officers, officials, employees and volunteers for losses arising from work performed by the Consultant for the City. - .......... - (3) Professional Liabilityl : 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 05/28/96 · Each, insurance policy required by this clause shall be endorsed to state that : .~:.' coverage shall not be suspended, voided, cancelled by eider party, reduced in coverage or in limits except after thirty (30) days prior wdtt.en.notice by certified mall, return receipt requested, has been given to the City. -E..i.'.i'j~cce~i~i~liw' of insurer~, insurance is to b~ i~l~c'ed-~il'/ii~'~e~"~th~'Bests, rating of no less than A:VIII.' ....... : ~ :_.~:;. ~ :: ~:: .. :, :.:, F." Verifi~i'i~n:~)~0veiag~. c'on~ultant shall. fumi'sl~'~Cit~i~ ~:~':':: ~ .... 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. o 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 othe_rwise fully protected. CONSULTANT NO AGENT. Except as City may specifY in.~ifing, 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 a~empted or purported assignment of any right or obligation pursuant to this Agre=ment shall be void and of no effect. 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, Consultantshall, immediately upon receiving notice from City of such desire of City, cause the removal of such person or persons. STANDARD OF PERFORMANCE. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices 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 .... : .. - HOLDHARML~s~ XND:"~S'PoNSIBILITY oF'~oNSOLTXNT~: Consultant shall take ali 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, or~ 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 pass~ve 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 willfuI or negligent. For purposes of Section 2782 of the Civil Code the parties Exhibit D Page 3 of 4 05/28/96 . ~ ~ .-'. ...,! .~ .,_.. "heretg,.re~cognize and agree that this Agreement 1s not a construction contract. By execution o t~ ~ &;7>i~q ~'th~s'AT~ement Consultant acknowledges and agrees that he has read and ur~.derstands the ?';. 5?~'pr0~;isi'dr~-hereof and that this paragraph is a material element of consideration. !the insurance contracts does not relieve the Consultant or subconsultants from 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: I>_Q_C,_U_J~II~. All reports, data, maps, models, charts, designs, plans, studies, surveys, photographs, memoranda or other written documents or materials prepared byC0nsultant 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 .guth0fity.t° .p. ub.l. ish; .disc!o's~ (as ~ay "li~i~l b~'th~ ~i~b~,isions of the California Public Records Act), ct~stnt~ute, ana ornery,use 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 Richard C. ~brose, Ci~ Manager P.O. Box 2340 Dublin, California 94568 ' This le~ i~'~ rc~Po~se t0-your letter of FebruarY 18, 1999 regard~g reneWal of geot~c~f c6~fi]mt'Ser~ceS COn~abt wi~ ~e Ci~ of Dubl~, Aaached'~le~e-fihd~'a of o~ Fee Schedule - 1999 which would apply to the con~act renewal: No ch~ges in"the contract pers°~el or services Ie~el '~e anticipated. ' Respectfully, BERLOGAR GEOTECItNICAL CONSULTANTS FB:pv wp511lcttcr17507 BERLOGAR GEOTECHNICAL RATE COMPARISON ....... ' ~ '~, ~. ~' _~ ,, .. ~ .~ ..~.i~ ~ ~ ~, ,.'.. ~'~ ~ ~ . ~. ~.~., . CLASSIFICATION.~ ?iy~"~.~:· , 1997.-98 AND 1998-99 . ::. ,-,PROPOSED RATE/HR. 1999-2000 RATE/HR. Principal Engineer or Geologist $152.00 $165.00 Associate Engineer or Geologist $132.00 $140.00 Senior Engineer or Geologist $116.00 "$125.00 Project Engineer or Geologist $104.00 $113.00 Staff Engineer or Geologist $94.00 $102.00 Supervising Technician $104.00 $115.00 Laboratory Technician ..... $80.00 ' "86.00 Senior Engineering Technician $80.00 $86.00 Engineering Technician - ......... '. ' ' ' ' $72.00 - -$78.00 Computer Time $20.00 $25.00 Draftsman: ' :: ., - ,, .- · .-- $70.00 $77.00 Word Processor $47.00 $52.00 Cledcal $32.00 . $37.00 Outside Services Cost plus 15% Cost plus 15% Vehicle ...... · ~. ....... ...... , ,- $.44 per mile . · $.45 per mile Nuclear Density Gauge (2 Hr, Min.) 7.00 $7.00 Pi'oton Magnetometer' $100.00 per day $120.00 per day Seismograph (12 Channel) $263.00 per day $325.00 per day Slope Indicator $126.00 per day $150.00 per day Sondex Instrument $88.00 per day $110.00 per day RESOLUTION NO. - 99 A REsoLuTI°N oF~ ~m~ crr¥ Corr~cn, o~r ~u~ c~ og APPRO~G ~ND~NT TO AG~E~NT FOR GEO~C~ICAL SER~CES ~~AS, the CiW Counc~ of the City of Dublh approved ~ a~eemem for geotec~cal se~ices Mth Bedog~ Geotec~c~ Consult~ts, on June 11, 1997 w~ch was e~ended until June 30, 1999; ~d ~~AS, Beflogar has requested ~ adjustment of rates for the 1999-2000 fisc~ year; ~d ~~AS,~the-'~m of the a~eement is propoSed to be e~ended Uhtil hne 30, 2001; N6~}'~~-~0~}~'~i'iI ~so~ that the Ci* C0anci~ of the City of Dubl~ does hereby approve the mendment to the a~eemem (emension of tern) ~th Berlog~ Geotec~c~ Consult~.t w~ch is a~ached hereto as "E~bit A." BE IT ~~R ~SOL~D that the Mayor is authorized to execute the amendment. PASSED, ~PRO~D ~ ~OP~D this 24th day of June, 1999. NOES: ABSENT: ABSTAIN: ATTEST: Mayor City Clerk g:\engr\berlogar~resoamnd99 EXHIBIT "A" OF RESOLUTION -99 A_ME~NT TO AGREEMENT BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSULTANTS FOR GEO~CHNICAL SERVICES WI:I-EREAS,"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 Berlogar one-year WHEREAS, the term of the agreement was extended to June 30, 1999; and WI:rEREAS, 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 WItEREAS, 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 /f ATTEST: Mayor City Clerk BERLOGAR GEOTECHNICAL CONSULTANTS ~ ~ .... .-_ Date: BERLOGAR GEOTECHNICAL CONSULTANTS FEE SCHEDULE - 1999 ..... General ...... ~.,.. ..... ,. ,,'.~ .... ,,, ~ ~ ._,. ........ ;~.~..~ .... : i;,~ ~,- -~? ,-: ~..Billing Rate/Hour Principal Engineers and Geologists ........... U.'~. . . :'~ ~-.,'. . ~. ..':. '~-.~.~:.. i. ~ ~ .-.' ~:i ~ . '..-i~'~'-; ....................... $165.00 Associate Engineers and Geologists ......................................................................... 140.00 Senior Engineers and Geologists ....................................... , .................................... 125.00 Project En§iheers ~rid Geologists ............. "- ~-"' .-; ............ ~ ....."- · · :. :- ;~;'.:~.;- · ;'.'.;. -'-~'~";-~ :'...; ......... 1 '~3.00 Staff Engineers and G~olo§ists ................. . · ' "~ · ·; -~ ............ .- - r · -. ..... · - -,. ............. . ............ 102.00 Supervising Technicians ...................................... r ',': .... : .r ~ '_ ............... ~ .............. 115.00 Laborator~ 'r'echnicians ........................................ - ..... ; -'.; ;'. · · .' ............................ 86.00 Senior Engineering Technicians ............................................................................. 86,00 En§ineerin8 Technicians .................................................................................. 78.00 Computer Tim~ 25.00 Draftsman: ............................................................................................. 77.00 Word Processor ............................................................................ . ............ 52.00 Clerical ............................................................................................... 37.00 Outside Services ..................................................... : ...... - ...................... Cost + 15% Vehicle ........................................................................................... 45f/mile Nuclear Densit7 Gauge tTw~Hour Minimum) ........ . .......................................................... 7.00 Proton Magnetometer .... ~ ..... " ........................................................... '..'~ ....... 120.00/day Seismograph (1'2 Channel) ............................................................................ 325.00/day Slope Indicator ........................................... . .................. . .............. : .......... 150.00/day Sondex instrument ................................................................................. 110.00/da'¢ Overtime work p~rformed at the request of t~.e Client or a~c~ssitated by Contracior - workin§ overtime will be bffled at 1.5 times the hourly rates listed above. Expert witness testimony/depositiorJ minimum charges: $250/Hour; preparation at appticabJe hourly rates. Proiect~related out-side costs including: Equipment rent:l, con.~ultants, specia] fees, permits ar insurance, meals and lodging and other similar items are birled at cost + 15%. In lieu of individually cha~in§ fcr: photo copias, fedora] e×pr6ss, facsimile, telephone and clerical time a fiat fee of 2% of total labor Will be charged. Copies o~¢ previously issued ,eports of up to '~;0 pages will be billed at $35.00 for the first copy, and $25.00 for each additional copy. Specific quotes for lar§er reports and/or report.-, containing dra'.'.,ings lar~er th;n §~ X 11 inc.~es. -' .. .,-' '.. ~' ','~.i.: ':;:- Labor~toq' Tests -. : ........... (Unit charge fo~: laboratory testing includin§ 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 wi]l be given upon request. SimiJarly, a reduction of ~he Fee Schedule rate can be given for a large number pt~ tests). Rate/Test Classification Tests Shrink/Swe~! Tests (including moisture content Atterberg Limits (PI & LL) ......... $11.5 - ' and dr',, unit weight determinations) Sieve Analysis ................................... 90 ' Percent Passing #200 Sieve .......................... 47 Hydrometer Analysis ............................. 110 Sand Equivalent .................................. 95 Specific Gravity ................................. 114 Bulk Specific Gravity ........................... ~,.. 98 Moisture ConrenlClJnit Weight ....................... 13 Compaction Cur',,es A. 4-Inch Mold .. ............ :... '. ............... 180 B- 6-loch Mold ................................. 210 C. Cai Impact (Wet) .............................. 180 D. Ca! Impact (Dry) .............................. 210 E. I Point Verification ...: ......................... 77 Durability Factor A. Fine ....................................... 170 B. Coarse ..................................... t40 UA. Rattier .................................... ~ 80 R-Value Tests Not Requiring Repropordoning ....... ' ............... 240 Requmng Reproport~omng ......................... 270 Cement, Lime, Olher ............................. ')70 Concrete Tests {including moisture £nntent and dry unit weigh~ determinations) A. Compression Tests (set of 3 specimens) ............... 57 B. Trial Batch .................................. 725 Billing Rate/Test A. Undisturbed ................................. $ 75 B, Romolded ................................... 145 St_~ren~,h Tests (including moisture content and dry unit weight determinations) Direct Shear, Per Point A. Undisturbed ............................... 45 U. Remolded ................................. 90 Triaxial Ccr;.c~ession~ Per Point A. Unconsol~6ated, Undrained ................... 118 B. Unconsulidated, Undrained and Backsat~ration ..... 200 C. Consolidated, Undrained ..................... 214 D. Consolidated, Undrained and Backsaturated ....... 270 E. Consolidated, Drained ....................... 212 F. Pore Pressure Measurements .................... 70 G. Remolded Specimens, Add. Per Point ............. 50 Unconfined Comnression A. Undisturbed ............................... 7.5 B. Remolded ................................ 120 Consolidation Tests (including moisture content and dry unit weight determinations) ^. Undisturbed .............................. 1 BO B. Remolded ................................ 230 C. Time Compression Curve, Per increment ........... 45 Asphaltic Concrete A. Maximum Density ........................... 9.5 B. Extraction ................... 1 ?~