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Home My WebLink AboutReso 144-05 GeotechEngSvcs . RESOLUTION NO. 144 - 05 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~ . * * . . . . * APPROVING AGREEMENT WITH BSK ASSOCIATES FOR GEOTECHNICAL ENGINEERING SERVICES WHEREAS, BSK Associates has provided geotechnical engineering services to the City since 1996; and WHEREAS, the City desires to continue using BSK's services; and WHEREAS, it is proposed to enter into a new two-year Agreement in order to incorporate amended contract language; NOW, THEREFORE, BE IT RESOLVED that the City Council ofthe City of Dublin does hereby approve the Agreement with BSK Associates, attached hereto as "Exhibit A, .. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the Agreement. PASSED, APPROVED AND ADOPTED this 5th day of July, 2005. AYES: Council members Hildenbrand, Oravetz and Zika, and Mayor Lockhart NOES: None ABSENT: Councilmember McCormick ABSTAIN: None ATZ: "llk~ " n Dep ty City Clerk (J,\CC-MTGS\200S-<¡"3\J"ly\07.o'.oS~ '44.oS H8K: agmt.doc (llem 4.6) CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF DUBLIN AND BSK ASSOCIATES THIS AGREEMENT for consulting services is made by and between the CITY OF DUBLIN ("City") and BSK ASSOCIATES ("Consultant") as of July 5, 2005, . Section 1. SERVICES. Subjectto the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A. the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on June 30, 2007, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shali not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant Is engaged in the geographical area in which Consultant practices its profession, Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assianment of 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 reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder, Consultant shall not be responsible for delays beyond Consultant's reasonable control. Section 2, COMPENSATION. City hereby agrees to pay Consultant for services outlined in Exhibit A in accordance with the hourly rate schedule attached hereto as Exhibit B. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. City shall pay Consultant for services rendered pursuant to this Agreement at the time and In the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein, Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consulting Services Agreement between City of Dublin and 8SK Associates July 5, 2005 Page 1 of 14 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: · Clear numerical identification, with no duplication of numbering; · The beginning and ending dates of the billing period; · A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; · At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; · The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; · The Consultant's signature. 2.2 Monthlv Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. 2.3 Total Payment. 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. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 2 of 14 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. 2.7 Payment uÞon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date, 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.9 Rate Adiustments. Consultant will be entitled to an annual rate adjustment upon each annual anniversary of this Agreement, the amount of said increase to be approved by the City. The base for computing the adjustment shall be the Consumer Price Index for Urban Wage Earners for the San Francisco-Oakland Bay Area published by the U,S. Department of Labor, Bureau of Labor Statistics (Index) which is published for the year ending in February. If the Index has increased over the Index for the prior year, the rates for the foilowing year shall be established by multiplying the rates for the current year by a fraction, the numerator of which is the Renewal Index and the denominator of which is the Index for the preceding year. In no case shall the adjusted rates be less than the initial rates as set forth in Exhibit B. A sample calculation is set forth below. The Public Works Director shall calculate the adjusted rate on each anniversary date of this agreement and shall provide notice to Consultant of such new rates. SAMPLE CALCULATION: (Using 1% index increase as an example) HOURLY CHARGE RATE INDEX INCREASE (Assuming 1%) 150 x .01 = 1.50 $150.00/hr 1.50/hr $151,50/hr Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein, City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 3 of 14 and the Information in possession of the City, The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until ConsultaAt has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directiy or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the Califomia Labor Code. Determination of whether a self~insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. 4.2 Commercial General and Automobile Liabllitv Insurance. 4.2.1 General reauirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the generai aggregate limit shall be at least Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 4 of 14 twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. 4.2.2 Minimum SCODe of coveraae. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (ed. 11/88) or 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, Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12190) Code 8 and 9 ('any auto"). No endorsement shall be attached limiting the coverage. 4.2.3 Additional reauirements. Each of the following shali be included in the insurance coverage or added as an endorsement to the policy: a. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. b. The insurance shali cover on an occurrence or an accident basis, and not on a claims-made basis. c, An endorsement must state that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self~insurance maintained by the City shall be called upon to contribute to a loss under the coverage, d. Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. e. An endorsement shall state that coverage shall not be canceled except after thirty (30) days' prior written notice by certified mail, retum receipt requested, has been given to the City. Consultant shall notify City within 14 days of notification from Consultant's insurer if such coverage is suspended, voided or reduced in coverage or in limits. Consulting Services Agreement between City of Dublin and aSK Associates July 5, 2005 Page 5 of 14 4.3 Professional Liabilitv Insurance, Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionais' errors and omissions, 4.3.1 Any deductible or self-insured retention shall not exceed $150,000 per claim. 4.3.2 An endorsement shall state that coverage shall not be suspended, voided, cancelecl by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requestecl, has been given to the City. 4.3.3 The following provisions shall apply if the professional liability coverages are written on a claims-made form: a. The retroactive date of the policy must be shown ancl must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provicled for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not repiaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant's sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies ReQuirements. 4.4.1 Accectabilitv of Insurers. All insurance required by this section is to be placecl with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coveraae. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 6 of 14 by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.4 Variation. The City may approve a variation in the foregoing 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. 4.4,5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to. City, its officers, employees, agents, and volunteers, The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Notice of Reduction in CoveraQe. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days after Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are altematives to other remedies City may have and are not the exclusive remedy for Consultant's breach: . Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; . Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 7 of 14 · Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly iiable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the . duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration, In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. 6.1 STATUS OF CONSULTANT. 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 services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll In the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 8 of 14 6.2 Consultant No Aaent. 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. Section 7. LEGAL REQUIREMENTS. 7.1 Governina Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental ReQulations. To the extent that this Agreement may be funded by fiscal assistance from another govemmental entity, Consultant and any subcontractors shall comply with all applicable rules and reguiations to which City is bound by the terms of such fiscal assistance program, 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City, 7.5 Nondiscrimination and Eaual Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, ruies, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between City of Dublin and BSK Associates July 5,2005 Page 9 of 14 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement upon thirty (30) days' written notice to City and shall include in such notice the reasons for cancellation, In the event of termination, Consultant shall be entitled to compensation for services peJiormed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1,1, Any such extension shall require a written amendment to this Agreement, as provided for herein, Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to prpvide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 AssiQnment and Subcontractina. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledg.e. Moreover, a substantial inducement to City for entering into this Ag reement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 ODtions UDon Breach bv Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall included, but not be limited to, the following: 8.6,1 Immediately terminate the Agreement; Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 10 of 14 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6,3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, modeis, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City, Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546,7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attornevs' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 11 of14 party shall be entitled to reasonable attomeys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose, 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Alameda or in the United States District Court for the Northern District of California. 10.3 Severabilitv. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assians. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties, 10.6 Use of Recvcled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper, 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Govemment Code Section 81000 at saq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Govemment Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of ,expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 12 of 14 -.- -. ,,~_.~"'. _.,...~.._.- .._~-" --."',.- may be subject to Climinal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any wrttten materials. 10.9 Contract Administration. This Agreement shall be administered by Meiissa Morton, Pubiic Works Director ("Contract Administrator"), All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. Any written notice to Consultant shall be sent to: Alex Eskandari, P.E. BSK Associates 1181 Quany Lane, Bldg 300 Pleasanton. CA 94566 Any written notice to City shall be sent to: Melissa Morton City of Dublin Public Works 100 Civic Plaza Dubiin. CA 94568 10.11' Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional respcnsible for the repcrt/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design respcnsibility,' as in the following example. Seal and Slgnatu re of Registered Professional with report/design responsibility. 10.12 Intearation. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibit A, represents the entire and integrated agreement between City and Consultant and supersedes ail prior negotiations, representations, or agreements, either written or oral. Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 13 of 14 CITY OF DUBLIN Janet Lockhart, Mayor CO SULTANT ¿; 4WJ...J Y. A ex Eskandari, P.E. Manager, Geo-Environmental Services Attest: Kay Keck, City Clerk Approved as to Form: Elizabeth Silver, City Attorney G:\CONSUL TANTS\bsk\new consumng agreement 070505.doo Consulting Services Agreement between City of Dublin and BSK Associates July 5, 2005 Page 14 of 14 EXHIBIT A SCOPE OF SERVICES 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 as proposed in attached letter dated January 27,2005. G:\CONSUl T ANTSlbsklnew oonsuffing ðgreément 070óoó.doc Consulting Services Agreement between City of Dublin and BSK Associates--Exhibit A July 5,2005 Page 1 of 1 BSK - .. 1181 Quarry Lane, Building 300 Pleasanton, CA 94566 (925) 462-4000 . FAX (925) 462-6283 January 27, 2005 Ref.: Dublin Annual Contract (GP05-005) Ms. Melissa A. Morton Public Works Director City of Dublin 100 Civic Plaza Dublin, California 94568 Subject: Comments ou Revised Consultant Agreement >-~-. and Proposed Fiscal Year 2005-2006 Rates Dear Ms. Morton: - We have reviewed the revised consultant agreement received with your cover letter, dated December 22, 2004. The only comment we have about this updated agreement concerns the compensation clause, Section 2. We would like to see this section state that BSK Associates (BSK) will submit a cost estimate for our services for each task order received from the City of Dublin based on oUI understanding of the project nature and requirements. However, the actual billing may differ from the origirial estimate as a result of unforeseen encountered site conditions, weather impact, workscope change and other factors beyond OUI control. In response to your letter of January 7, 2005 regarding Fiscal Year 2005-2006 Contract Rates, we propose the following: I) Our fee schedule for Geotechnical Consulting and Material Testing Services for Fiscal Year 2005- 2006 will stay unchanged except for Technician/fuspector level, as shown in table below. Because of inflation· and the Prevailing Wage nature of work involved, this rate will be increased from $701H0ur to $751H0ur. Classification Current 2004-2005 Proposed 2005·2006 Percent Change Rate Rate Principal $140 $140 No Change Senior Professional 120 120 No Change ProjectProfessional II 110 110 No Change Staff Professional and 90 90 No Change Supervisor Field 70 75 7.1 % Technician/Inspector Word Processor 40 40 No Change Laboratory Compaction 150 150 No Change Curve Sieve Analysis 120 120 No Change Concrete Compression 70 . 70 No Change Geotechnical Englnee~ng . Engineering Geology· Environmental Services· Construction Inspection & rastlng . Analytical Testing Dublin Annual Contract Fiscal Year 2005-2006 January 27,2005 Page 2 The impact of the proposed rate adjustment is also illustrated below; 2004-2005 2004-2005 Total 2005-2006 Total Percent Classification Hours To Rate Cost Rate Cost Change . Date T echllnspector 300 70 21,000 75 22,500 7.1 . Proj. Engin,.eer . 40 110 4,400 110 4,400 0.0 Senior Engineer 20 120 2,400 120 2,400 0.0 Admin. Support 30 40 1,200 40 1,200 0.0 Cumulative Effect 29,000 30,~00 5.2 2) A complete set ofBSK's Fee Schedule is attached which will be part of the new consultant agreement. Weare not requesting any further contract language or scope of work change for the upcoming 2005-20066 Fiscal Year except as noted above. * * * We look forward to continue providing Our services to the City of Dublin. We would be happy to set up a meeting with you and/or your staff to discuss the potential workload for the upcoming year at your earliest convenience. Respectfully Submitted, BSK Associates (:::),~~!~J . y, AJex Eskandari, P.E. Manager, Geo-Environmental Services Y AE:yae (G:\Geotech\Contract$\GPOJ"005 (Dublin Contract & FY05-06 Rafes)_wpd) Attachment: BSK Associates 2004 Fee Schedule BSK EXHIBIT B COMPENSATION SCHEDULE Compensation shall be paid per the attached Fee Schedule(s) entitled, "BSK ASSOCIATES 2005-2006 FEE SCHEDULE." G,\CONSUL TANTSlbsk\new consu~ing agreement 070505.doc Consulting Services Agreement between City of Dublin and BSK Associates--Exhibit B July 5, 2005 Page 1 of 1 BSK ASSOCIATES 2005-2006 FEE SCHEDULE BSK INTRODUCTION BSK & Associates, Geotechnical ConsultaIJts, Inc. was fouruied in Fresno, California, in 1966. Since that time, offices IIDd laboratories have been opened in Visalia, Bakersfield, PleasllDton, and Sacramento, California. Modem and complete laboratories with up-to-date field and laboratory equipment are maintained in each regional facility. A diversified prof"'5sional staff of engineers, geologists, environmental scientists, industrial hygienists, microbiologists and chemists provide the practical knowledge and experience of local problems and practices. The firm offers a wide variety of consulting and testing services and is recognized as a leader in the regions served. This schedule lists selected Personnel Rates, Equipment Charges and Testing Fees for Geotechnical Engineering, Engineering Geology, Environmental Services, Construction Inspection and Soil and Materials Field and Laboratory Testing activities. Additional specific quotations CIID be provided upon request. Chemical and FoodlDairy Laboratory Fees are published in separate schedule and are available by contacting the respective Laboratory. OFFICES Branch Address TeJephone Fre~n{), G~otcchnÎcalJEnvjromn~ta.l 567 Wesl Shaw, Suit~ tiB'! FresIiO, Californi~ 93704 (559) 497-2S80 (fax) 497,28S6 (559) 497·2870 (fax) 485-6140 (559) 497-2S90 (fax) 4S5-69~S Fremo, Matcriah T~ting Laboratû(j' 1445 TuolUmn~ Street Fresno, California 93706 1414 Stanislaus Street F~sno. California 93706 Fresno. .A.rnllytical LaborntoJ:}' Frosno, Foocl & Dairy Laboratories 4230 We>st Swift Avenuv Fresno, California 93720 (559) 277-6960 (fax) 277-6969 (559) 732-S857 (fax) 732-6570 (661) 327·0671 (fax) 324-42J S (925) 462·4000 (fax) 462-6283 (916) 853-9293 (fax) 853-9297 (559) 497-2878 (fax) 497-2864 Visalia 80S East Douglas Avenue Vi!iBlia.¡ CalifQrnÎa 93292 Bakcr!fid.d 117 tlV'1 Street Bakersfield, Culifonliu 93~04 Pleasantoll 1181 Qu""Y L,",o, Bldg. 300 P.l~anton, California 94566 Sacramento 3140 Gold Camp Dr.. #160 Rancho Co¡dova, Ca.lîfofllia 95670 ~67 West Shaw Avenue, Suite C-l Fresno, CalifQrnia 93704 COTporate Ikadquactcrs II OJ/OJ BSI( BASIS OF CHARGES The prices listed herein are typical of engineering, inspection and testing services most frequently provided by BSK. Prices for other services and special quotations will be given upon request. Fees are subject to change without notice. Unit prices shown for the laboratory work include reporting of laboratory test results and obsel"Vations not calling for recommendations or conclusions. Field charges do not include office preparation of test summary and report. Use of outside sel"Vices, subcontractors, special equipment, machining, freight, and other charges arc invoiced at cost plus 15% sel"Vice charge. The charge schedule listed below is the basis for invoicing of Jobsite field activ;ties for other than Professional personnel.' . Work over 8 Hours/Satu.rdays Sundays, Holidays & Over 12 Hours Swing Shift (4:00 P.M. to Midnight) Graveyard Shift Work from 0 to 4 Hours Work From 4 to 8 Hours Show-up Time (No work PerfOf!lled) Sampling or Cylinder Pick-Up, Minimum Charge Bill Time and a Half Bill Double Time Add $9.00 per Hour Add $12.00 per Hour Bill 4 Hours Bill 8 Hours Bill 2 Hours Bill 2 Hours Times are typically invoiced portal-to-portal from the nearest BSK Office/Laboratory. Per Diem is chargcd at a rate of $85 per day Or expenses plus 15%, wmchever is greater. Mileage, when applicahle, is $0.50 per mile for sedans/pick-up trucks and $1.00 per mile for drill rigs and support trucks. 01/01 III BSI( PERSONNEL RATES PROFESSIONAL Senior Principal ., _ . . .. . . . .. . .. . . . . . . . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . .. (per hour) $150 Principal . . . . . . . . . . . . . . . . . . . . . . . . _ _ _ . . . . . . . . . . . . . . . . . . . . . . . . _ _ _ _ . . . . . . . .. (per hour) 140 Associato Principal .. _ _ . . .. . . . . . . . . . . .. . . . . . . . . . _ .. . .. .. .. . . . . . . . . . . . . . . .. (per hour) 130 Senior Profe8sional ........ _ __ __ _ _ __ _ . . . . . . . . . . . . . __ _ _ _ _ .. __ . _ __ . . __ . . . . .. (por hour) 120 Projoct Profe"ional II __............................................... _ . .. (per hour) 110 ProjectProfe"ional! ......... __ _ _........................ __ _ _ _ _.......... (per hour) 100 SUIff Profossional .. _ . _ .. _ __ _ _ .. . .. . . . . . .. . . . . . . . . _ _ _ . _ _ _ .. . . . . . . . . . . . . . .. (per hour) 90 Junior Professional. . . . .. . . . . . . . . .. . . . .. .. _ . . .. _ . . . . . .. . . . . .. . . . . . . . . . . . ... (per hour) 80 FIELD TECHNICAL Supervisor Inspcctor Technic.ian ................._,. ··'.0.............-....,..,..,......... ._..-.......................................................... ......................,..............................,,..,.... OFFICE AND LABORATORY mCHNICAL Supervisor ,............,.......... _ _ . _ , . _ . . . . . . . . , . . . . . , . . . . . . , . . . Technician ..,.............. _ . . . . . . . . , . , . . . . . . . . . . . . . . . _ . _ _ . . . _ , _ , . , . . . . . Draftsman. . . . . . _ _ . _ _ _ _ _ _ _ _ _ . . . . . . . . . . . . . . . . . . _ _ _ _ _ . _ _ _ _ . _ _ . . . . . . . . . . . . . . Word Processor. . .. , . . . . .. ... .. .. , _ . _ _ _ . _ , _ . , .. . . . . . . . . . . .. . . ... . , . _. _ . . . Genetal Typi,l!Offico Aido ..... _ _ __ . . . . . . . . . . . . . . . . . . . .. . .. _ _ . _ _ .. . . . .. . .. . (per hour) (per hour) (per hour) (per hour) (per hour) (per hour) (per hoU1") (por hour) NOTE: Expert witness services~ deposition Or court testimony will be invoiced aL 150% of our fee schcdul~ rateS. $ YO 75 75 $ 90 60 60 40 30 A tCtl percent SIlrcharge will be appliod to rates of peraOlmel on project' whom 40-Hour OSHA Health and Safoty training is required. Surcharge of Lovd D personal protection equipment (ifrequired) will be by quotation. 2004 BSI( EQUIPMENT CHARGES VEHICLE MILEAGE 2-Wheel drive. ..... ......, _. 4-Whcd drívc .. . . . . . . _ . . Drill rjg~ .......". -""". .."..., , ",.............. (per mile) . _ _ _.............. (per mile) ., " ,. .."... "...,.....,.,.... _........ _. (per mile) $0.50 1.20 1.20 . . . . . . . - . MATERIALV TES1'lNG * Portable powcr ,uger .... . . . . . _ _ _ _ . _ . _ . _ . _ . . . _ . _ _ . _ _ _ _ _ _ . _ . _ _ _ _ _ . . . . _ (pcr day) S 30 Nuclear density gauge .. . . . . . . . _ . . . . . . . . _ . . . , . , , , . . , , , , , , " (per day) 30 Ultrasonic weld lesting eqlIiprnt=nt '.' , . , , , , , , . . , , , , , . , , , , , . , , . . . (ptr day) 30 Torque wr~nçh " . . , . . , . , , , . . , , . . . . . . . . . . . _ . . _ . . _ (p~r day) 30 Anchor testing equipmeiH . . . . , , , . , , , . . , . . . , , . , . . . . . . , . , . .. (per day) 30 Schmidt hammer. _ . . . . . . . . . . . _ . _ _ . _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ (pcr day) 30 Skidnwre Wilhelm bolt teml{1n c::¡librator . , . , . . . , . , , . . . . , , , , , . . . , , . . , . . . _ . .. . . (per'ùay) 30 I'R" meter, , . , . . . . , _ . . . , . , . , _ . . . . . . . . . . . . . . . . . . . . _ . . . ., , , , , , , , , , . (p~r d1\Y) 30 Scanning equiprnent (for plate thick.J1e5~) . _ , . , , , . , . . , , , . , , , , , , , . . , , , . . . . , . . . . . . ,. (per day) 30 Jnductiv~ :;¡nd conductive pipe locator . . . . . . . . . . . . . . . . ,_ , . . (p~f day) 30 Air meter (tOncrtle) , , , , . , , .. , , , . , , , , , , . , , , , , , , , . . . . , .. .. . . .. . . ,. (per day) 30 Wood moist\lrc meter . .. . . . . _ . . . . .. . . . _ . (P¡::f day) 30 Fcrroscan . . . . . . . . . . .. . . . , , .. . , , , , , , . , , , _ . . , , . , , . , . , , . . ., (per hour) 80 1r Bq"lp'ltellt Charge~i Do Not lnc¡'~d~ OperatQrs 2 2004 EQUIPMENT CHARGES (Continued) DRILUNG * BK R I HT> (with operators) . . . . . . , , CME 75 (with operalors) ..,.".,.... Mobitc 13·53 (with opei'atoI'$) ."., ",. ,., '" " "". Ha.lardou$ w~st~ sites (personal protection equiprnttJt) . . . . . . . . . , .."",."" ......".. OVM or PID Metor Support truck or tr¡),iler ......,..,.",,,,,,,,,... -""""".. ...............,., Milt=agc (drill and/or support vthicJe) """""""...",.. lrC57 f)rilU'lg Contractor License Numher 490942 CORING C(Jring equipmcnt (Înclude.s bit charges, d()~s not inc]u(!c operator) asphaltic. COllcrete Coring t:quiprnenl (iocludes bit charges does not Înclude operator) concrete:: Dr ma~onry (reI' hour) (per hour) (pCT hour) . . . . . . . , . (por d.y) (pcr day) - .. (per mile) $180 '60 170 Q\lQt~tion 70 '80 1.20 I 100 150 NOTE: A h""d¡;ltg.4Ii~'p()sulþ'e of $10 may he assessed to each soil sample and tube (JbtIIÌlil!dlro1Jl the field far en vir(JnIJI ental prQjects. TrøjjÎc contl'ol cost,s', ~freql/irl!d, 4r~ b'f addÎlioll 10 "'f.V drillÎng and/or ('or/n::: Costs. SCflhold/"glrikging cosh, if required; art! in «ddirion 10 any coring costs. ) 2004 (pel' hour) (per hour) EQUIPMENT CHARGES (Continued) GEOPHYSICAL TESTING' Nímbus 12·channeI ~ei::;rllOgraph with rccQTd~T , , . , , , , , . , . , . , . , . , . , . , . . . . . . . . . _. (fir~t dl:lY) ., . , , , , , , , . , , , , , , , . . . . , . . . . . . . . . (each additional day) Triaxial downhole gel1phont=!:> . _ , , . , , , , , , . . . , , , . , . . . . . . . . . . . . . . . . . . _ (per day) Explosive ch¡¡rg~, ,..,.",.".." _ . . . . . . . . . _. . . . . . . . . , . , , . , , , , , , , . . R!::8isrivìty mcter . . . . . . . . . _ . . . (first day) . . . . . . . , , , , , , . , . " , , , , , . . , . . . . .. _ . . . . . . .. . . _ . (each additional day) Magnetomelt:T _ . , , , , , , . , , , , , , . . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . , , , (f¡r!5~ day) , , , , . . , , , . , . , . . . , . . . . . , . . . . .. . . . . . . . . . . . . . . . . . . . . _ (each additiQnal day) Neutron mQistur~ gauge (100' maximum depth).. _.. _. ........ _.,.." .", (first day) , , . , , . , , , , . . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (~açh add itional day) NeutI'Dn mQi!:ih.lre gauge (greater than 100' depth) ".,..."." GROUNDWA TER SAMPLING ANI} ENVIRONMENTAL tESTING* Truck/ trajlcr with welt sampling equipment ......... Stearn clean~r . , . , , , , , , , , , , . . . , . . , . . . , . , . . ......."." (pcr day) (pcr day) (pcr day) (per day) (per day) (per day) (per day) (per day) (por day) (por day) (p~r day) (per day) (pcr day) (por day) (por day) (pcr day) (pe' day) (per day) (pcr day) ............., Well.soundcr .,.,.,., ................... """" G~nc:rator ...... ......... ............" "".."""" W;:¡.ter level data logge.l' ...... Groundwater field pamme.ter mde.r .. . . . . . . , Dìssolved oxygen tne-tel' . . . . . . . . . . . . . . Turbidity ¡nettI' . . . . . , , , , , . , , , , , . , , , , , . Flow monitoríng equipment . . . . . . . . . . . . Liquid proportíoJJ:::I1 samplîng equipment. . ExpJosi.....t: g¡!.!j rnçtcr . , , . . . , . . . . . OVM PID met¡:r . , , . , . , . . , . , . . ...,.." .,.".".",... ....."."",.,.""...., .,.,.,."",.",...,.."... ........ . . . . . . . . . . . . . ............... ........ . . . . . . . . . . . . . . . . . . . . ............. . . . . . . . . . . . Gas d¡:tcctor pu'mp , . , . . . . . . , . . Landfill gas analyzer L<lndfill gas chromatograph .......... Sound level meter. . . . . . . . . . . . . ................ . . . . . . . . . . . . . . . . . . , .......,.. .....", ."...,.,. Disposable bailer ".", , . , , , , , . . . . . . . , . . DisPQ!:iabk watçr ~::¡,mplc tllters . . . . . . . . . . Hand auger and soil s¡))]pler ........................." . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .....,.,. "'Eql.lipmeru charges do not inchlde operators 4 2004 $250 75 50 Quotation 150 50 150 50 150 50 Quotation $350 100 30 50 50 30 30 50 300 250 50 70 30 200 350 30 10 20 30 FIELD AND LABORATORY I. SOILS Grading inspector, . .. . . .. . .. .. . . . .. . .. ... . . . . ... .. .. .. ... .... _. +... .. .. .. (per hour) $70 Cn[ßpaction te-!'iter .... _ .. . .... .. .. .. .... _ .. . . ... .. . ... .. . .. . . .. . . . .... . .. (pek"' hour) $70 MOlSTUlI.E IlJENSl1T CUll. ViiS -",...." $140 150 190 160 90 190 2'0 AASHTO T-??, ASTM D-698 . . . . . _ . _ _ _ _ . _ . . _ _ _ _ _ _ . . _ _ _ _ AASHTO T-IROMASTMD-1557(4" mold). . _... _.................. AASHTO T·180 or ASTM ])·1557 (6" mold) . . . .. . . . . . .. . . .. .. . .. . California impact method 2 6 .."",. . . . . . . _ . Check point , . , . _ , . . , . , , . . " , , , , , , , , ,corps of engineers (AASJITO .nödified) . . ~ . . . . . . . . . . . , , . , Relative density, ASIM [J"2049 (vibrotins "blo) _ . _ _ _ _ _ . __ ,..",...., ................. ..,-,.,- ",.."""....., PAlI.rICL6 SIZ£ ANALYS6S Sievl: an::JlysiS, pit run with 200 wa.~h . . . . . . .. ...,.....,.,.,.,."",.."..,.,... $120 Wash .analysi~~ ASTM C·117 . . , . . . , . . . . . . , , , , , . , . . , . , , , . , , . . . . . . . . . . . cíO Hydromct~r .analysìs~ ASTM D-422 ,..,. .............,. 120 Sptcifiù,gravity, ASTM D-854 . . . . . . . . . . . . . .. . , . . . . , . . , , , . , , , , , , . , . , , , . . . . , , . , , , , 80 Visual an::¡ly'sís ",.",."",.."""", . . . . . . . . . . . . 30 Sand eq,u.iv-alent, ASTM D-2419 (3 determinations) . , . , , , , , , ,. ..........".",..",... 90 ATTElI.BElI.G LIMITS Liquid limit, ASTM D-4318 ",.,.""", ............................. P18~tic limil, ASTM D-431 S .............................".."."."",."..",.,., Plastkity indcx~ ASTM D~4318 . . . . , . , , . , , , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Shrinkage fadl1r!i, ASTM D-427 Shrinkage limit. , . . . . , . . . . . . , . , . . Shrinkage ratiü (i.l1dude~ the above) Volum~tric 5hrinkag~ (includ~!i the I:Ibove) Linear shrinkage (includes the above) $ RO 80 150 ......... .......... 150 160 '7U IRO ..,...... .,.,."",. .,...".. . . . . . . . . . . ........... MOI~TUll.E·ÐENSlTY TEST Laboratory determination of moisture ::¡nd dry d~nsity- IIUndjsturbcd" 5pc;çim(;:n, obtained in-!iltu, t<lC]] :specimen .,.,.....,.",...." $ 10 SWELL TESTS Swell tests, FHA specification!;; .".",. Swdl t~5H¡, ASCE ~xpansi(r'J index - {J.B.C. Standard No. 29-2...".". $180 IRO SH£AII TESTS Dj'et.I shear, und[st\.]l'bed (quick) (3 point CtÚ'V{~) , , DiI'ect shear, remolded (quíck) (3 point curve) "".. . . . . . . . . . . . . . . . . . . . . . . . . $'60 210 5 2004 SOILS (continued) Triaxial cOl1lpre~5ijon tt!1ting and pop: pTC!jsur~ measurements, ~train-cnl1trollcd. stressrcontrol1ed, creep potentia] delerrninatiùr'l ...........""."",., CONSO/JDArlON tESTS ASTM D-2435 (8 point cUfve) _ _ _ . _ _ _ _ . _ . _ _ . _ _ _ . . . . . . . . . . . . . .. Ex.tra points .,.""" " " '" ,. ,.,..., ",.., "." ,.. HYÚr¡,lCC)mpactiQn potential .. . . . . . . . . . . . . . . . _ . ",...,..."", UNCONFINED COMPRESSION TEST ASTM D-2J 66 (stress/strain) . . . _. _ . ASTM D·2166 (failure point ù"ly) .......,.,-",. .,.",...."......., "R ,/ VALUE DETERMINA TION California Method 301, IlntTt=ated mat~rial with sl<lbil(1m~tr:r tests and moisture-density determination. . . . samples containing aggregalf:S, C~ment, Ijm~, or (lth~r additjv~5 ..........--... .""""....." CALIFORNIA BEARING RATIO (CHili CBR:;It 100% of maximum dry density, ASTM D-1 R8~ jndu~iv¡;: of maximum density c.urvc:. or AASHTO 1'-180, mdhûd liD", I point meth(Hj .. . . . . . . . . . . . . . CHR at 95% M rIJ<!ximum dry density, ASTM D~18~3 inclusive ofma.xjmum uc::nsity curve, or AAStITO 1'-1 RO, method liD", 3 points method ..,.,.,.",. .,.",.,..",.,..,....,.....,. PERMEABILITY TESTS Rlgidwall constant head Flexible wall, (:on~t<lnt h!:ad, Ilsing tri:uial apparatus Othcr forms of pc Tine ability tests ".,.", .". ......."",..". .,.,..,....,......,.. .......,.,.,..,..",.., P(NHOLE i)JSPERSION TEST Multiple head series ......... .",.". ....""""",.,., 6 ¡004 Quotation $330 40 160 $ 70 50 $200 230 $400 750 $"00 330 Quotation $160 SOILS (continued) SOIL CORROSlVlTY TESTS Minimum r~sistivity . . . . . . .. . . . . . . . . . . . . _ . pH .........._ Major ¡ODS; pH. EC, sulfate & chlurides (!;>~I.luri:lti()n I:=xtnll;:t.) "."", $ 110 30 100 ",."",.... .................""",."... SOlL CEMENT TESTS Soil ct=m~nt mix design per rCA soil Gtmtnllnboratory handbook Chapter 5 ~ incJudr:=!:i att~Tberg limits, sieve analysis, moísture:~density, compre.ssiqn te:5t~ and freczc-thaw or wetting--díying tests. . . . . , . . , . . . . . . _ . . , . , . , . . . . . , , . . . . . $1 SOO Free-ze-[haw tC=!;it!!, set of 3 (sample: preparation not include-d) . . . . . . . . . , , , . . , . . . . , , , . . W~ttìng-drying tests, set of 3 (s~TTJple pr~p~J1Ition not included) . , . , . , . , . . . _ . . . . .. _ . _ . . . . Preparation of frt=~zc-thaw or wetting-drying tests, set~ of 2 s:peùimen9 at varying c~mcnt content .. Compressioll' tests, laboratory J'niHd <¡nd compacted samples. set of 3 .,.. . . . . . . . . _ _ . Cement tOnt!:n.t of son cement (ASTM C-I084 n"1Odi1itd) . . . . _ , , ., , . . . , , , . . , . . _ . 500 480 450 190 190 7 2004 II. AGGREGATES Sieve analy~i:;, coar!>t: or fine (withQut w;uh), ASTM C-136 . , . , , , , . . . , . , lnclusíve of fineness modulm . . . . . . . . . . . . . . , _ . . . . . , , . . Wa:!õh alil:ilyi:>i!;1, ~mount of material finer than No. 200 steve, ASTM C~ 117 Specitic gravity, ASTM C-] 27. , , , , , , , , , . , . . . , . , . , . , . . , . Specific gravity and absorption, ASTM C-127 or A~TM c- [28 Orgl:lnic. impm"jtÌ!::S in fiDÇ aggregates, ASTM C-40 . . . P~Tçcnt d~y lumps and friable particles in aggrl'::gatt5õ, ASTM (-142 . _ _ _ _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PI::TCC"l1t flat and elongated particles _ _ . . . . . . . . . . . . . . . . . . _ . , , . Mo isture c.ûn[tnl . . . . . . . - . ".....",,,.,,.,,,.... . . . . . . . . . . . . . . . . . . . . . . . . . . - . ",....".", ......."., """" ."..,..."..,....".."",... Weight per cubic foot, ASTM C~29 Compact . _ . Ln051:= ,.,.".,.,...... .,.,.,..".,........"""".,...".... ........,... Los Angeles Ranier test, ASTM (-l31 Small size coarse aggregate .......... _ . . . . . . . . . . . _ . Large ~izt: G¡)<lr~t: aggrt=gat~ .,.,..".,.".,..""..",.",..,...., Sulfate: soundness (5 cycJcs), ASTM C-S8 per sieve size . . . . . . _ . _ . . . . . . . . . . _ . , , , , , Mínin}Unl charge per sarnple _.."".,.".,..",.., _ , . . , , , . , , , ,. , , . , . , . . , , , . . . Mùrtar making pTopcrtkg of sand (two ages), ASTM C~87 . . . . . . . . . . . . . _ . Sand equivalent, Caliíornia methùd 217-1, I:lverage of 3 determinatiOn!; ..."...,...",....,.,. Durahility tt~t, California 1J1I~tbod 229~E, per fraction. . ,. . _ . . . . , . . . . . , . . _ . . . . . Potcntial reactiyj¡ytest, ASTM C-2R9, p~r si7.t: .",., ,. ..."",.,....,.,..,."., CleaOI1e:ss tcst~ California method 227 -E ......... _ . _ . . . . . . . . . . . . . . . . . . . . . . _ . . . . . . , . , . , , Hydrometer arHI.(ysi$, California m~thQd 205-E , , . , , , , , , , , . , , , , , . . . , . , , . , . , . , , , , .. Pl:rçC"nt~gc of crushed particles, California method 205 ............... _ . . . . . . . . . . , , . ....,.",.. 8 2004 $ 60 70 60 60 90 60 60 90 )0 60 50 140 190 80 240 )10 90 lJO 330 140 '20 120 III. CONCRETE Concrete inSptc.LOI" ...... . .. . .. .. . . ... ... . .. .. . .. . . .... .. .. ...... . ...... . . (per hOUI') Sh"tcrete inspector. . . . . . . . . . .. .. .. .. .. .. . .. .. . ... . .... .. .. .. ... . . .. . .. .. . (per' huu'") Concrete. s:.I.llIplcr . _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . .. .. . . . . (per hour) Coring technician. . . .. .. . . . . . . .. .... ... .. .. . .. ....... .. .. .... . ... ... ... .. . (p~"" hour) Cement content of h<lrJened (:olÎt.:rI:tc, A STM C-I 084 . . . , . , , . , . , . , , , , , _ , . , . . , , . , , , . . , . Chl:mjçal t~st, ASTM (:-150 (types I through V). _...... _.............,.,., ...,.... Time .ofsetting ùfhyúrtlulic cement, ASTM C-19t ",. _,.. ...........".....",." Cothpressive !;lT~ngth ofhydr::l.u]jc cement mortar ASTM C-I0Y (per set of 3 cubes:) Preparation of specimen nul included . . . . . . . . . . . , Specific; gravity (}fhydr.:mlic e~mcnt, ASTM C-188 .".",...",..",.".".",...",..,. Volume change of cement, mortal' 01' cuntI'ete (drying :'ihtinhg~), ASTM C-157 . . Mix design (aggregate te~h nt'>t included) """"",.,...".. . . . . , . , , , . , , , COJ1)pr~5siv~ t~5t, 6" x 11" cy1indcr~ ASTM C~J9 (sets of 3 or 4) . . . , . , . , . . . , . . . . . . Compressive te~a, cored specirncllS (~nd pr~paration not i.ncluded) , , , . , , , . , , . , , , . , . . , , , . , , Prcparatìol1 ofspeeimens; diamond sawing (each end) ........ Coring ::ohQtcrctc specimens from pí'lncl (in laboratory, per spccÜnan) , . , . , . . . , , , . . , , , . , , . . . . , . Proportion of cement in hardened COtlCtelt=, ASTM C-85 flexural test of Cuilttek: beam, ASTM C-293 or ASTM c-n . Splitting tensile strength ofconcrcte cylinders; ASTM C-496 . . . . . . .. , . . , . , . , . , , . . . . . . Density test on COntrele cylinders , , , . , ,. , . , . "AZII t~s1-reinforccd concrete pipe "Life Factor" (C2CO) Equivalent) ...,.,...,.,.,.......... . . . . . . . . . . . , . ........... . . . . . . . . CHEMICAL REACTIVITY TESTS Mix.i:og w~tcr; pH. electrical conductí.H1ce; chJoride; sulfate, . . . , . . . , . , , . . . Contact soH: pH, electrical COIlductanct, chloride, sulfate. . . . . . . . ,,,......,,,,,,... ............... y "004 $70 70 70 70 $300 Quotation 170 70 '10 Quotation UO 70 30 30 50 no 70 6U 40 6U $6U 100 IV. REINFORCING STEEL Steel reinforcing Inspeetol' . . . . . . . . . . . . . . . . .. . . . . . . < . . . . _ . . . +, .. . . . . . . . .. . . . (per hour) 70 REINFORCING BAR TE.~TS Tenslle test, #2 through #8 baT!) ..."",."",."""".,., Tensile test, #9 through #Ilbars. .......... ......... _. Bend test. . . . . . . . . _ . Machining charges, #14 through #18 bars ...,.", """..,.... $ ~O 70 50 70 ""-"""".,.,, ..................._, . . . . . . . . . . - . . . . . . . . . . . . . - . - . , . , . , . , WIRE FABRIC TESTS - ASTM A-I85 T~I1!jiQT' t~!jt ,.".,.,...".,..... _.. .., _,.,.,. Bend test. , . . , . . _ . . . . . . . , _ , , . . . . . . . . _ Weld shear le$t (avC"n~gc of 4) .,.,....,.."........, . , . ..."-,.....,,.. s SO 30 120 ...."............... PRESTRESSING CABLES Tensil~ ~nd dongation~ ASTM A-416 or ASTM A-421 Cable preparation . . . _ . . . , . , T~ndon!5 ..".,...., ."..._... ....._,. ,."....... $120 120 .........._,-", ............ ................ Quütatinn 10 2004 v. WILLDING AND STRUCTURAL STEEL W~lding inspector. .. . .. .. . , .. .... .. .. .. .. .. ....... .. . ." ... .. . + +... ... ... (per hour) $70 High strength bolt inspector ....... _ . . . . . . . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . (per hour) 70 Nun df;!~t....uçtive, teste-f .................................................... (per hour) 70 WELDER QUALIFICATION TESTING Structural weldirlg (maçhiJJing ineJudcd, per positíon . win1essing not incllldcd) Groove weld, 3/8" plate . . . .. . . . , . . . . . . . . ,. GrOOve ",'[::1d. 1 It plate .,..."...,,',. . . , . . . . . . . , _ . _ . . . . Pipe weld, 60 . . . . . . . . . . . . . . . . . . . , , . , , , . , , . . _ , _ , . . Light gauge welding: Stat~ Division of Archítccturc School House Scctíon Cjrc,Üar No.6! plug and butt welding, 8 specime:ns, Three pûsition!Ì (witnessing not inchld~d) "'" , , , , . , , , , , . ., , , . , . , . , , , . . , , , .. , . , . Plug wt=lding: two spccimcns one poshion Test plates included (witnesslng not included). ."-",.,.,,,.. $140 180 220 280 .."",_. ......",."",.,.",., 140 WHLDED SPECIMEN TESTS Face bend (preparation not inclU[b:d) , , R(Jot bend (prcp,mHion not included) . Side bend (pfep<l.I'atioTI not included) Free bend (r~inforcing steel) ". _ . Níck break (reinforcing !Ì(~d) . ....",. ...._,.,._".."" $ 40 40 40 20 70 """,." .",.""""",."",."... .......-.......-. """.,.""""""",..".",..",.. . . . . . . . . . . . - . . . . . . . . . . . . . - . STIWC1'URAL STEEL TESTS Tcnsile test (machinÎng not included). . . . . . . . . . . . _ . _ . Bent! lesl (machínìng not included) Macbining charges (per coupon) ......... _ . . . . . . .. _ . . . . . . . . - . $ 60 50 80 .....,.,.. .",.,.. . . . . . . . . . . . . . - . HAlI.DNliSS 1'ESTS Brinell hardness, ASTM E-20 Rockwe1J hardness, ASTM E-18 _. . . . . . . . . . . . . . , . . . . . . . . - . . . . . . . . - . ........_, $ 75 75 . . . . . . . . . . . . . . . - HIGH Sl'Rb·NGTIf BOLT TESTS Bolt ultimate ]ùad , Bo It hardness ....... _ . . . . . . . . . . . . . - . . . . . . . . . . . . . . . . . . - . . . . . . . . - . $ 110 70 70 70 110 .....", .,,,,.,,,,,,,,,,,,.,.. ........................-...................- Nut hal'dnc:::-;~ . Washer hardness . . . . . . . _ Proof lo¡¡.ding, bolt or But ."..",,,,,,.,,,,,.,, ............................., 11 2004 VI. MASONRY Masonry Inspector ....................................................... (per hour) $70 CONCRETE MASONRY UNUS TESTING· ASTM C·90 Specific gravit), and llnit w~jght , , , . . , . , . . , , , . , . .. . MoiSt'lHC content. . Cûn~ptessiûtt te~t, m1:l!jomy UOit5. ASTM C-140 . . . . . . . _ . , . Ab!:iorption test induding moisture. coment, ma5iont)' urtit~, A~TM C-140 Grouted masonry, flm dctcTlTlinatil)n~. U.B,C. (Fícld prep and grouting obs not include.d) Eoch ... _.. """""....,... $ 60 40 60 60 .............,_. .....,.",. ..."""""."",. ]20 550 350 120 70 Per set of 5 cClmpositc units. . . . . . . , . . . . . _ . . _. . _ _ . . _ . . . . . . . . . . . . _ . Lineal shrinkage~ masonry unit, pt:r' !>pccimen . , , , , . , . . , . , , , , , . . . . . , , . , . . . , , , , . , , . . , , . , . . Tensile test - :tnasonry unit!!, per ~pccimc:n , , . , . , , , , . , , . . . . , , , . , . , . . , , , . . . She~r t~~t on ma~onry core. , . . , . . . . . . . . . . . _ . . . . . _ . _ . . . . . _ . _ . _ . . . . . . . . , , . BRTCK TESTS Compr~55ion rest, ASTM C~67 Modulus of rupture, ASTM C-67 .."",.".., ".,., Ab:torption test and coet1ïcient, ASTM C-67 . ........,.,.,. $ 60 50 60 ,.,."...,..,..."....,-.... ....""._"".,.,., GROUT AND MORTAR TESTS Cnmpre!j!jion t~!¡t, grout prisms (sets of 3 or 4) Compression test, mo1'tar cylifider~ (set!> of J or 4) ,..".,,,,,,. $ 90 60 ........... 12 2004 VII. ASPHALT AND PAVEMENT ASph31t inspl;!ctQ.... ........................................................ (per ho-ur) $70 Asphalt sanlpler ......................................................... (per hOil"!') 70 BITUMINOUS MATERIALS, ASPHA1~T,1I.OA[J OIL TESTING AC mix de~ign HVEEM method . _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ . _ _ _ _ . . _ _ . . . . . . . . . . . . . . . . . . . . _ MarSih<¡J] tn~t¡'od . . . . . . . , . . , , , , , . . , . . , , . , , . , . , . , . , . , . . . , . . . . . . . _ . . . , . Includes: Material evaluation, sieve ana]ysi!¡, spe¡jific gravity, sand !:quival~nt, LA RaHler, CKE, and pt=Tc~nt:il.gc of çrushcd partìclcs. $2,500 2,SOO Asphal[ content, biiuítll::n percenlage ASTM-D2172 (ccrltrifug~ method) .,....,.,... CALT· 362 (vacuum method) . . . . . . . . . . . . . , . CALT - J82 (ignition m<thod) .......... _...... _. ............. . . . . . . - . 200 200 200 ."".",.." Moisture contcnt, , _ , , . , . . . . . . . .. . . _ . .",. , , , Gradation of extracteJ sample . , , . .. . , . , , , , , . . . . . . , , . . , . . . , , , . . Film stripping (!:xdudes specific gravity of aggregate) _ _ . , . Swell rest, CAL T - 305 . . . . . _ , . . . . , , , , . , . , , , , , , . , . . . . , , . . , . . , . . , , , , , . , , , . , . , , , , . , , , . Stabi]()m~tc)'" yahl~. CAL1- 366 ",."."". Spec.:ifLc gravity of compacted !>::Lmplc: or cor~ ..""."",.,.",.,.,.,..,..."..,., Specific gravity of asphalt concrete, ASTM D-2041, rice method. . . . . . . . . . . _ . Mnigtllrl;" vapor susçcptíbHity. CALT ~ 307 ................ _. Surfa(:,t <Lbr<L!õion (If çompaçt~d bituminous mixturcs~ CALT . 360-A or H, Pet' s~t of 3 "..,..",..".,..,.,.,.". . , . , , , . , , . . . . . . . , . Index of retained strt=nglh, ASTM D- 1074, f)-1 075 Per set of 6 (lab-rnixed sãrnpl~!i - not including mix. d~s¡gJ1) ."."".,.."..,...,.,., Max;rl1.UDl d~nsity of asphalt concrete, CALT - 375 (averãg.e of5 specimen:!» Mar~haU stability and plastic /low nfbitl,lminous m;::\tcrials. ASTM D-1559, Per set of 3 (I::¡.b-mi~cd $'!¡111ples -Bot including mix design) ".,...,.", _ . 40 100 70 90 160 40 200 1/i0 400 . . . . . . - . 360 340 240 Soll'l!Ntx, aft~r U!H! ill candu elÙIX 1óCI'~I't1.1 (If th,c$o! f~¡;I$, q"~ dt'5lgflMed as "H ¡¡[rfIQUS W¡¡,ft." ¡¡Nil art! ~ubjl?a tð dlsp(!Sflll~n, 13 2004 _ I ~w, VIIT. MISCELLANEOUS LUMBER Specific gravity and shrink~gc. ASTM D-143 M<,)stUTC" CQntC"nt of woud ASTM D-Z016, method "A" (oven dry). ASTM D-2016, method "B'I (electronic meter) , .......,.,.,. ............ . . . . . . . . . . . . ..........., ......,. PLYWOOD Plywood gJue sheilf tt.st, ASTM D·805 ...,.".." MoÎsture absorption ofplywOQd, ASTM D-805 ...."."",.......... ........"",., CALIBRA J'JON T<.1rq\l~ wrench. _ . . . . _ . . . . . , . . , , , Jack . , , . , , , , . . , . . , .., , . , , , , , , , , . . . .. . . , . . ...........",., ....",.,. .............. GL UE·LAMINA TED TIMBERS Finger joint tension test~ AlTC tcst 106 (prepl:lratiDn not included) , . , , , . . . . . . . . . . . .. - . . . Bending tç~t for f:.T1djoinl!;, AITC rest 105.,.. _. _. , ".,..,.,....... -.......".'" Adhe~ive spread measurell1ent~ AITC test 102 "". ...........""",. Moisturc çontcnt and specific gravity, AITC test] 11. AS'fM D-805-72 ........,...".""", GALVANIZED COATING Weight of galvanized coating; ASTM A-90 , , , . . .....""".".,............. FIREPROOFING $95 35 20 Quotation $60 $150 110 $40 40 40 60 $65 Flreproofl"~ inspector. ... . . .... .... ..... .. . ....... .. .. .. ... .... _. ..... ... (per hour) $70 Dry den,ity, ASTM E·605 (each) .......... _ . _ ...........,...",.". . , . . . . . . . . 14 2004 $50