HomeMy WebLinkAboutItem 4.05 Amend Berlogar Agmt CI'TY CLERK
File # 600-30
AGENDA STATEMENT
CI'TY COUNCTL MEETI'NG DATE: June 17, 2003
SUBJECT: Amendment to Agreement with Berlogar Geotechnical
Consultants for General Geotechnical Services
RelYort Preivared by: Lee S. Thomigson, Public 14/orks Director
ATTACHMENTS: 1) Resolution and Proposed Amendment
2) Letter from Berlogar Geotechnical
3) Current Agreement and Amendments
RECOMMENDATION: Adopt resolution approving amendment to agreement and authorize
~t~ 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. Services performed typically include plan
checking and peer review for private development projects or soils
engineering for Capital Improvement Program (CIP) projects.
Berlogar Geotechnical is not proposing any rate increase for Fiscal
Year 2003-2004.
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 2003-2004. 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
paid by the developer or is budgeted within the individual CIP.
The maximum expenditure for Berlogar had previously been set at $50,000 per year. However, Staff
proposes eliminating the not-to-exceed amount as it has proven difficult to anticipate the need for services
due to the uncertain economic climate for commercial and residential development. Berlogar will provide
an estimate and obtain written authorization from the City before beginning any task.
COPIES TO: Frank Berlogar
ITEM NO. ~
g:\engr\berlogar\agstamnd03-04 I US-~ ~-~
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.
Page 2
RESOLUTION NO. - 03
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,
2003; and
WHEREAS, the term o£the agreement is proposed to be extended until June 30, 2005, 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 o£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 17th day of June, 2003.
AYES:
NOES:
ABSENT:
ABSTAIN:
Mayor
ATTEST:
City Clerk
g:\engr\bedogar~resoamnd03-04
EXHIBIT "A" OF RESOLUTION -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 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, 2003; 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, 2005);
NOW, THEREFORE, the parties 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 termination.
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.
Adjustment of Rates
The current rate schedule shall remain in effect for Fiscal Year 2003-2004. Consultant
shall be entitled to request a further adjustment of rates for the second year of the agreement.
CITY OF DUBLIN
Mayor
ATTEST:
BERLOGAR GEOTECHNICAL CONSULTANTS
City Clerk
Date:
g:engr contract\berlogar\amndment03 -04.doc
Via Facsimile and Mail
February 6, 2003
Mr. Lee S. Thompson, Director of Public Works
City of Dublin
P.O Box 2340
Dublin, California 94568
Subject:' Contract Fiscal Year 2003-2004
Dear Mr. Thompson:
Pursuant to your letter regarding a contract for fiscal year 2002 - 2003, please be advised
that we would like to renew the contract and at this time .we request no changes in our
hourly rates.
Please call me if you have any questions, comments or require additional information.
Respectfully,
BERLOGAR GEOTECHNICAL CONSULTANTS
~ank Berlogar
t P
resident
FB:st
SOIL ENGINEERS * ENGINEERING GEOLOGISTS o 5587 SUNOL BOULEVARD ~ PLEASANTON, CA
EXHIBIT "A" OF RESOLUTION (~ -01
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 Berlogar
Geotectmical 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, 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
Ci~ler~-I
BERLOGAR GEOTECHNICAL CONSULTANTS
g:engr contract\berlogar\amndment0 t.doc
EXHII3IT "A" OF RESOLUTION l[~' -99
AMENDMENT TO AGREEMENT
BETWEEN CITY OF DUBLIN AND BERLOGAR GEOTECHNICAL CONSI. FLTANTS
FOR GEOTECItNICAL SERVICES,
WltEREAS, the City of Dublin (hereinafter referred to as "CITY") and Berlogar
Geotechnical Consultants (hereinatSer referred to as "CONSULTANT"), entered into a one-year
agreement on June 11, 1997, to provide engineering services to CITY; and
WI-IEREAS, 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 (terminating June 30, 2001); and
WltEREAS, Consukant 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
~ ~layor
BERLOGAR GEOTECHNICAL CONSULTANTS
/
~ BER~_o, GAR GEOTECHN~CAIL CONSLILTAN ~ S ',~ ~;'O
FEE SCHEDULE. 1999
General Billing Rate/Hour
Principal Engineers and Geologists ' $165.00
Associate Engineers and Geologists .................................................. _: ...................... 140.00
Senior Engineers and Geologists ........................................................................... ~25.00
Project Engineers and Geologists ................................. 7 ............ ............................. 1 I3.00
'Staff Engineers and G~ologists ............................................................................ 102.00
Supervising Technicians ....................................................... . .....................
Laboratory T~echnicians ............................... · 115.00
.................................................... 86,00
Senior Engineering Technicians ..................................... . 86.00
Engineering Technicians
Computer Tim~ .................................................................................. 78.00
Draftsman: .................................... "' ........ : ............... 25.00
Word Processor ........................................................................................ 52.00 77.00
Clerical ...................................................................... : ....................... 37'.000
Outside Services ................................... .............................................. Cost + 15 ~o
Vehicle .......................................................................................... 45f/mile
Nuclear Density Gauge ~Two-Hour Minimum) ........................................ ........ 7 00
Proton Magnetometer ....................................................
Seismograph (1'2 Channel) ........................... ' .......................... ]20.00/day
325.00/day
Stope Indicator .............................................................................
Sondex Instrument ........................................................................ t 50.00/day
110.O0/day
Overtime work p~rformed at the request of the Client or .~ec~ssitated by Contracior - working overtime wil[ be billed at 1.5 times the hourlv rates
li~ed above. '
Expert witness testimony/deposition minimum charges: $250/Hour; preparation at ~ppticable hourly rates.
Proiect-related out-side ,costs including: Equipment rental, con.~eltants~ special fees, permits or insurance, meals and lodging and other similar items
are billed at cost + 15%. In liet~ of individually charging for: photo copies, ,r'edera! e×pr~ss. ,%csim[le, telephone and clerical time a flat fee of 2%
of total labor will be charged. Copies of previously issued mport~ of up to 5.0 pa§e~ will be billed 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 thzn 8~,~ X 11 inches.
Laboratory Tests
(Unit charge for laboratory testing including the normal laboratory work and report of results only. Unusual or time-consuming sample preparation
or special tests are billed at hourly charge for the laboratory technician. Charges for testing which are not listed will be given upon request.
Similarly, a reduction of tl~e Fee Schedule rate can be given for a large number ot: tests).
Billing Billing
Rate/Test Rate/Test
CIassification Tests Shrink/Swell Tests (inci~ding moisture content
Atterberg Limits (Pi & LL) ......... ................ $115 and dr',, unit weight determinations)
Sieve Analysis ................................... 90 A. Undisturbed ................................. $ 75
Percent Passing #200 Sieve .......................... 47 B. Remolded ................................... 145
Hydrometer Analysis ............................. i t0 Stren~h Tests (including moisture content
5and Equivalent .................................. 95 and dry urqt weight determinations)
Specific Gravity ................................. 114 Direct Shear. Per Point
Bulk Specific Gravity .......... .................. ~,.. 98 A. Undisturbed ............................... 45
Moisture Contenb~Unit Weight ............ , .......... 13 B, Remolded ................................. 90
Compaction Curves Triaxial Ccraciession Per Point
A. 4-1nch Mold . ............ · .................... 180 A. Unco~'~sol,,dated, Undrained ................... 118
B: 6-1ach Mold ................................. 210 B. Unconsulidated, Undrained and Backsat~ration ..... 200
C. Cai impact GA/et) .............................. 180 C..Consotidated, Undrained ..................... 214
D. Col Impact [Dry) .............................. 210 D. Consolidated, Undrained and Backsaturated ....... 270
E. 1 Point Verification ............................. 77 E. Consolidated, Drained ....................... 212
Durability Factor F. Pore Pressure Measurements .................... 70
A. Fine ....................................... '[ 70 G. Remo[ded Specimens, Add, Per Po;nt ............. 50
Bi. Coarse ..................................... !40 Unconfined Compression
L.A, Rattier .................................... 180 A. Undisturbed ............................... 75
R-Value Tests B. Remoided ................................ 120
..!Not Requiring Reproportioning ...................... 240 Consolidation Tests (including moisture content
...... Req~'~'i~"'P~o~ortioning ......................... 270 and dry unit weight determinations)
Cement/ Lime, Other ............................. 270 A. Undisturbed .............................. 180
Concrete Tests (including moisture content B. Remolded ................................ 230
~nd dry unit weight determinations) C. Time Compression Curve, Per Increment ........... 45
A. C~mpression Tests (set of 3 specimens) ............... 57 A,~phaltic Concrete
B. Trial Batch .................................. 725 A. Maximum Density ........................... 95
9. Extraction ........................... 1 ?n
STANDARD ·
CONSULTING ENGINEERING SERVICES AGREEMENT
THIS AGREEMENT is made at Dublinl, Califomia, as of(./~~' {'[, 1996, by and
between the CITY OF DUBLIN, a·municipal corporation (" City"), and BERLOGAR GEOTECHNICAL
CONSULTANTS ("Consultant")., who agree as fott'ows:
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 ali 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
wi/ich Consultant uses for billing clients similar to City.
3. ~ACILITIES AND EQUIPMENT. Except as set forth in Exhibit C, Consult·ant shall, at
its sole cost and expense, furnish ali 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 acc6rding to the termsand 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 Consultaint 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 ~ 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 approva!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
06/04/96 '
t 0. NOTICES. Any written notice to ConsUltant shall be sent to:.
'Any Written notice ,t'o City ~hall' '¢e sent
Lee S. Thompson
Director of Public Works/City Engineer
P. O. Box 2340
Dublin, CA. 94568
ExeCuted as of the day first above state&
CITY OF DUBLIN,
a m~corporation
By
Approved as to form:.
~'-City At-tome)/
Agreement
Page 2 of 2
05/23/96
EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE
(GEOTECHNICAL)
To provide geotechnicat peer review of soils and geologic reports for pri-vate 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 I
06/04/96
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 sfibmlt invoices at the end o£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 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, alt finished and unfinished documents ,and other materials shall,
· at the option of the City, become City's sole and' exclusive property.' COnsultant hereby expressly
waives any and all claims for damages or compensation arising under this Agreement.
Consultant sh~lt 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 I
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 facility which may involve incurring any direct expense,
including, but not limiting the generkl'~ty of this exclusion, long-dis~anee telephone or-other
communication charges, vehicles, and reproduction facilities.
' Exhibit C
Page 1 of 1
05/23/96
', ( EXHIBIT D '
GENERAL PROVISIONS
1. INDEPENDENT coNTRACTOR. At all times dur. i.'ng the term ofthis 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. '
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 professiom Consultant represents' and warrants' to City that
Consultant shall, at his s°le 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 reasonabI2 necessary for Satisfactory performance of Consultant's
obligations pursuant tO this Agreement.
4. INSURANCE REQUIREMENTS. Consultan{ shall procure and maintain for the duration of the
contract in.sm:knee 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 leastas broad as:
(1) Insurance Services Office form number GL 0.002 (Ed. 1/73) covering
comprehensive General Liability and Insurance Services Office form number GL
'0404 coveting Broad Form Comprehensive General Liability; or Insurance
· Service~ Office Commercial Genera/Liability Coverage ("occurrence" form CO
0001).
(2) Insurance Services Office form number CA 0001 (Ed. 1/78) covering A~tomobile
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 le~s than:
· ' (1) General Liability: $1,000,000 combined single limit per occhrrence for bodily
injury,, personal injury and property, damage. If cornmerciat General Liability
Insurance or other form with a general'aggregate limi.t 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
limits of $1,000,000 per accident.
C. Deductibles and Self-Insured Retentior~$. Any deductibles or self-insured retentions must
be declared to and.appro~,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. Otl~er 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 borrowedbY the Consultant. The
coverage shall contain no special limitations on the scope of the protection
afforded ~o the City, its officers., officials or employees.
(b) . The Consultant% 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.
(c) Any failure to comply with reporting provisions of the poticies 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 ca~,~y professi'onal.liabitity insurance in an amount' deemed by the
City to adeq.uat, ely 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 r~'quired 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 (3.0) days prior written notice by certified
mail, return receipt requeste~l, has.been g~ven to the City.
E. AcceptabiliV 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. ctause. 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 CiV. before work commences. The City reserves the right
to require complete, certified copies of all required insurance policies, at any time.'
H. The P[isk 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 AOENT. Except as City may spegify 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 part~' 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 tkis Agreement shall be void and of no effect.
7. PERSONNEL. Consultant shall assign only competent personnel to perform services pursuant to
::: this A:greement. 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 .PERFORMANCE. Consultant shall perform alt 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 coliform 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 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
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 mud description directly or indirectly arising from, mud to the
extent caused ~y, the negligent performance of the work. Tkhs paragraph shall not be construed
to exempt the City, its employees and officers from its own fraud, willful injury or violation of
law whether wi~lfxd or negligent. For purposes of Section 2782 of the Civil Code the parties
Exhibit D
Page 3 of 4
05/28/96
hereto recognize and agree that this Agreement is not a constructioxi 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 °fthe insurance contracts does not relieve the Consultant or subconsultmats from
liabilit, y under this paragraph. ..
I 0. ,GOVERNMENTAL REGULATIONS. To the extent that this'.Ag~eement maybe 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. DOCUMECNTS. Al! 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
Via :FaCSimile and Mail GEOTECHNICAi
' · . CONSULTANTS
May 6, :[996
CitY of Dublin
Public Works .
100 Civic Plaza
Dublin, California 94568
Attention: 'Mr. Jim Tucker
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 OeotectmicaI
Consultants (BOG) and our 1994 Fee SChedule as wel.1 as resumes of our key personnel. We
wilt be happy to provide geotechnicaI/geologic assistance to you, and perform geot~chnicaI/
geological peer review on your projects. '
BGC has been serving Bay Area and Northern California clien~s for over 23 years, on many
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 ctosures,.pavement construction and concrete placement.
Our capabilities include:
· Geologic and engineering geologic se~-vices -
· Earthquake fault analysis
,, Soil and foundation engineering
· Geologic hazards evaluations.
· Ground water studies
· Dam safety reviews
· Levee evaluations and construction
o 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,.
.. Page 2
· Landfill design, including landfill closure
Our staff includes registered civil and geotechnicaI engineers aS welt as certified en~ineerin~
_~eologists and register'ed environmental aSsessors with extensive experience in professional
Consulting. To support our engineering staff, we employ a staff of earthwork and concrete
technicians wi~ multifadeted experience in construction testing and monitoring; along with our
fally-furmtional laboratory, which is equipped to handle all types of soil', to:k, asphalt concrete
and concrete u. stm=.
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 known for our responsiveness and
attention ro our clients' needs, while upholding our tradkion of care and thoroughness. Since we
are a medium-size firm,' rapid communication and satisfaction of deadlines occur daily,, as an
intezral parr of the way we do business. At the same time; our staff size allows for flexibiliry,
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
furore projecu, and our possible involvement with you on any project in which, we 'may be of
service, ro you now, or in the future.
Respectfully submitted,
Philip
Associate
PT:pr
Attachments:
Statement of Quaiifica{ions
1994 Fee Schedule
Resumes: Frank Berlogar.
Philip Tse
Miles Hunter
Raymond P. S~rmer
Theodore P. Bayham
Paul Lai
Copies: Addressee (2)
w¢5 ltpropos~l/3572 ' '
BE,~LOGAR G£OTECHNICAL CONSUL
FF~ $CHEDULP- 1994 Billia~ 'Rat~Hour
Genera]
$1~2.00
Principal EnBineers and G~oio~isB ...................... ; ........ ' .................... ~ ..................... 1~2.00
~soci~te En~in~er~ and Geologists ................................... 116.00
Sen or Eo~ineers and Goo o~i~ ..... ~ ................................. ' ..................... ~ .............. 104.00
Proje~ En~in~rs and Geolo~ist~ ...... ~ ............................................................... : ..... ~.00
Slaff Engineers and Goo o~i~ ........................................... ' ............. ' ....................... 10~.00
S~pe~isin~ Techn cans .................................. ' ................................................. 80.DO
L~bo~0~ Technicians .............. ' ............. ............................................ ~ .......... 80.00
Senior En~ neetin~ Te~nicians ..................................................... ' ..................... 72.00
En~ n~r n~ Technicians .................................................................... : ........... 20.00
Compeer T~me ~ ...................................................... ~ ............................ 70.00
Wo~d P~cesSor .....................................................' .................................... 32.~
CiericW .' ......................................................... . ............................. Cost +
Ou~ide Se~ices ....... '.: .............. . ............................ ~¢/mile
Vehic e'. ..................... :; .................................... . .................. 7.00
~ H~ur Minimum) ....................................
Nuclear DensiW Gau~e ¢w~ ....... . ..... 100.0D/day
Proton Magnetometer .......................................................... ' ............... 263.00/day
Seismograph (12 Channel) .-' .................................................................... ' ..... 126.00/day
Siop~ indicator ........................................................ ' .......................... 88.O0/day
Sondex In~rument ..................... !.O0isheet
Fa~imite Char~es ..............................
Ove~ime work pe~ormed at the request of the C~ient or necessi~ted by Cont~or - workin~ ove~ime will be billed at 1.5 times the hourly r~es
lis~ed above.
~imitations
D~RLOGAR GEOT~CHNt~L CONSULTANTS provides so.ices in the field o¢ Soil ~n~ineerin~ - En~ineerin~ Geoto~, in
accordance with presently acceded professiana] pra~ices. No ~nW, either expre~ed or implied, is 8mated as pa~ o~
peEo~ance of ~r work.
For ~ny damage on account of any error, omission or other professional ~es[iBence, our liabiliW wiit be timited to a sum of .$50,000 or our fee,
whichever is ~reater.
i~ ~e event the Ciie~t mak~ a ciaim asainst BERLOGAR GEOTECHNI~L CONSULTANTS at law or othe~ise, for any atle~ed error, omission
or other a~ arisin~ out of the petulance of our professional sewices, and the Client 'fails to prove such cbim, then the Client shall pay all costs
incurred by BERLOGAR GEOTECHNI~L CONSULTANTS in defending i~e f a~ain~ the da~m.
On-Site Invalidation Conditlon~
Client sh~ll indi~e to .Consultant the pro~ lines and is responsible for accura~ of m~rker~.
Client shall .~rant free acces~ to the site for ~lI necessaw equipment and pe~onneL ~e Client ~h~tl nod~ any ~nd ~i] possessors of the
proje~ s~(e, whether they be la~ully or unia~lly in possession, that Ciient has ~ranted Consui~n{ fmc ~ccess. to the proje~ site, and
·Ciient shall secure permission (and any ~its) necessaW to ~liow Consultant free access to the proje~ site at no ~ar~e to Consultant
un,ess specifi~tly a~reed to other, We in the leper of proposa~ a~a~ed hereto.
(c) Client shWl take ~eps to see that the pro~ is prorated inside and out, inciudin~ all bnds~pinS, sh~bs ~nd fiowe~, and Consultant
wi~l not .be responsible for d-amaze ~o b~s, shrubs, tands~pes, wa]~, sprinkler sy~ems, ~r unde~round ~iiities and: installation caused
by movement of each or equipment.
(d} Client shah ~oc~te for Consultant an~ shah assume responsibitiW for the accura~ of his ~presen~atlves as to the lo.lions of aH
underground utilities and installations. Consultant wil~ not be responsible for damage to any such utilities or ~nstal[ations not so iocated,
and any such d~mage may, at Consui~nt's'optioh, be repaired by Consultant and billed at cost plus 15 percent to Ctient. S~ch cost~ are
' in addition to the fees defined by the proposal of which this Fee Schedule is a p~.
(el Consultant w~H make borings an~or trenches during subsurface expio~tion of the site. Consultant will a~empt to backfill alt borings
an~or trenches but will make no a~empt to compa¢ said backfill ~o it is probable that so, lament of the backfiit wii. I occur. Ctient hereby
Consultant will retain a thi~ pa~ to
~re~ to accept all responsibi~iW for conditions 're~ated to backfill se~iemenL if Ciient-~q~,
compa~ such backfill. The char~es thereof will be' billed to the Ciient at co~ plu~ 15 percen~ Such ch~r~es are in addition ts any
amoun~ previously authorized by the Client.
AIl sampies of soi~ or rock wil~ be discarded thi~ days after sdbmbsion of our repo~ unless specific armn~emenS are previously made
by