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HomeMy WebLinkAbout93-003 Terratech, A Testing Lab - School Sites 93-003 TERRATECH, A TESTING LAB - SCHOOL SITES CITY OF CUPERTINO INTERDEPARTMENTAL Date FEB. 3. 1993 To CITY CLERK From ^- PUBLIC WORKS--SUMI Information MESSAGE: AGREEMENT FOR CONSULTANT SERVICE--SOILS TESTING ❑ Implement SCHOOL STTES--TERRATECH, TESTING LAB _�— ❑ Investigate ❑ Discuss TRANSMITTED FOR YOUR FILES IS A FULLY EXECUTED COPY OF THE, ❑ See me ,AGREEMENT. (INFORMAL—_ ❑ Reply Sm Reply:---- �_��— — ----_ -_ SIGNED: _ i DATE —Y — Forward part l Retain part 2 AC=W NO. eta -9/0 CONTRACT AM LNT L2 --, . ' PuRcHASE cRDER ND.--" 3 2 AGUMMOU naS AG T, made and entered into this llth day of January, 1993, by and between the CITY OF CLIPE12T M, a municipal corporation of California, hereinafter referred to as 11CI' 11, --nd Terratech, a Testing Lab with offices at 1365 Vander Way, San Jose, CA 95112, hereinafter referred to as II(XNTRACIOR"; W I T N E S S E T H: WHEREAS, CITY desires to retain services in conjunction with the Nine School Sites Project; and WIMMS, CITY desires to engage MNnACIOR to provide these services by reason or its qualifications and experience for performing such services, and OONTRACMR has offered to provide the required services an the terms and in the manner set forth herein; NOW, OURMM, in consideration of their nmxtual covenants, the parties hereto agree as follows: t, I. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall min the duly appointed City Clerk of the City of Cupertino, California, or Us designated representative. 2. PItO= CXX)MINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Bert Viskovich, Director of Public Works, hereby is designated as the PF&IJ JCT MRNAGM for the City Manager, and he shall supervise the progress and execution of this agreement. -1- AOOOUNr NO. CCTIRACr ANY-W PURCRASE CH ER NO. Asir IRIS Actor, made and entered into this filth day of January, 1993, by and between the CITY OF CUPERTI O, a municipal corporation of California, hereinafter referred to as "CITY", and Terrateah, a Testing Lab with offices at 1365 Vander Way, San Jose, CA 95112, hereinafter referred to as "03WIRACTCRII; W I T N E S S E T H: WIumm, CITY desires to retain services in conjunction with the Nine- School Sites Project; and WtS, CITY desires to engage CONIRA= to provide these services by reason of its qualifications and experience for performing such services, and CONrPACrCR has offered to provide the required services on the terms and in the manner set forth herein; NOW, nURM E, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEF gMCNS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of o.:aertir*, California, as presently existing, plus all territory which may be added thereto during the tern of this agroeanent by annexation or otherwise. (b) The tern "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cqpertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or his designated representative. 2. PROJECT COMIRMCN. (a) Ci . The City Manager shall be representative of CITY for all purposes under this agent. Bert Viskovich, Director of Public Works, hereby is designated as the PFD= MANAGER for the City Manager, and he shall supervise the progress and ewaxtion of this agreement. -1- (b) Contractor. QWnVkCIM shall assign a single PWATWT DIRBCMR to have overall responsibility for the progress af>d execution of this aunt for CONWAL7M. Rictord Woodard hereby is designated as the PR#7►TDCr DIRk7(.'IM FCR aDNI1gACXR. Should circumstances or :conditions subsequent to the execution of this art require a substitute PR+o= DIPECrOR for any reason, the P"Ro= DIRDCTOR designee shall to subject to the prior written acceptance and approval of the Per fCA OM. 3. DUNES OF C7?idrRAC°ICR. (a) Services to be nnmished. CX2JrRACPOR shall provide all specified services as set forth below: (1) See attached Request for Proposal, addendum nos. 1 & 2 and the Terratech proposal attached as Ddiibit "A". (b) Laws to be Observed. OMRRACXk shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by O ACICR under this agreement; (2) Ktr� itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those ergaged or cloyed under this agreement, any materials used in OWM%CICRIs performance under this agreement, or the conduct of the services under this ac^aement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PRWWr MANAGM in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and degas mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of and Information. Any report.-, information, data, or other material given to, or prepared or assembled by, CMMRACICR or its subcontractors, if any, under this agreement shall be the property of CTrY and shall not be made available to arry individual or organization by c»ACMR or its subcon zactors, if any, without the prior written approval of the City Manager. (d) 2�Eie: of Reports and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which OWIRA('ICR is required to furnish in limited quantities as part of the services under this agreement, DOddrRACrOR shall provide such additional copies as are requested and CITY shall ecmpexsate CCrUnWICR for the costs of duplicating of such copies at OMMACMR'S cost. (e) Final Report. coRnMMM shall provide CITY with tvo (2) copies of the final report required under this aunt upon completion and acceptance of the report by CITY. -2- (f) Qualifications of Contractor. CORM MR represents tha` it is qualified to furnish the services described under this aunt. As evidence thereof, OONn ACrCR warrants that one or more members -v employees of the fin are licensed Civil ra;?neers and Geologists by the State of California and that the services to Ire provided under this agreement will be performed by them or under their st4pervision. 4. CCMPENSAnCN. For the full performance of the services described herein by COiUTRAC M, CITY shall pay CONTRACTOR a total sum not to exceed Eight Thousand Eight Hued Dollars ($8,800.CO) , payable monthly upon submission by CON RACrCR of its itemized billings in triplicate, in accordance with the following fee sole. 5. DUTIES OF CITY. City shall provide all specified serviies as set forth below: (a) See attached Request for Proposal and Addendum Nos. 1 & 2 attached as Ek ii.bit "A". 6. TERK. This aunt shall continue in full force and effect until tern ted as provided herein. 7. TII►UUE ARY SUSPENSION. The City Manager shall have the authority to su pend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CCN'nWICR to perform any provision of this agreement. 8. EXTENSICN OF TERM. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for oanapleticn. This paragraph does not preclude the recovery of damages for delay by either party. 9. SUSPENSICN; NAMON. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days written notice. Upon receipt of such notice, CONTRACTOR shall inm►ediately discontinue his performance under this agreement. (b) Upon such suspension or germination, CONTRACMR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of OORMCIOR, CITY shall be obligated to congensate CONTRACTOR only for that portion of CCNTRACICRIS services which are of benefit to Czri'Y. (c) Return of Materials. Upon such suspension or termination, CONTRACICR shall turn over to the City; Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not ocupleted, prepared by CMIrRACTOR or its subcontractors, if any, or given to COMI4tACTOR or its , if any, in connection with this agreement. Mudd materials shall become the permanent property of cm. coven Z R, however, shall not be liable for CTTY°s use of inxccWlete materials or for CTTY's use of coo plete documents if used for other than the project contemplated by this agreement. -3- 10. INSPE=CN. CONTRACTOR shall finish CITY witi every reasc nable opportwzity for CI-W to ascertain that the services of OONTRAClM are being performed in accordance with the requirements and intentions of this mart. All work done and all materials furnished, if arry, shall be subject to the PROJWr ma's inspection and approval. The inspection of such work shall not relieve OONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 11. INDEPMENr JUDO. Failure of CITY to agree with CONTRACTOR'S indepeidexrt f indin s, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this aft. 12. ASSIC T; SUEi R!MCIORS; EMPLDYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or tc the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent t- one assignment shall not be deed to be a consent to any subsequent assigrnent. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and arry license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors; Eftployees. CC NMCICR shall be responsible for employing .w engaging all persons necessary to perfam the services of MMRACIOR hereunder. No subcontractor of OOPMACTOB: will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this aunt by all of its employees arrl subcontractors, if any, and shall keep the work under its control. if any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper maruner, he shall be discharged immediately from the work under this agreement on demand of the PRQMCT GFR. 13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014 TO CONTRACTOR: Attention of the PROJB= DIRDCM at the address of OM4MC°IOR recited above. -4- 14. 1WEREST OF OOPIRACTOR. COP MCIM covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services ham. CONTRACIC)R further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be a ployed. CONTPACIOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performarx.3e of the services hereunder, CONIRAMM shall at all times be deemed an independent contractor and not an agent cw employee of CM. 15. INDEIMNTI Y. C ACIrjR hereby agrees to is mify and save harmless CITY 1,�tS officers, agents, and imployees of and from: (a) Any and all claims and demands which may be made against CITY, its officers, agents, or a ployees by reason of any injury to or death of any person or damage suffered or sustained by any person or corporation caused by, or alleged to have been caused by, any act or mission, negligent or otherwise, of CONTRACT or any subcontractor under this agent or of CCRMALIMIS or any subarctractor's employees or agents; (b) Any and all damage to or destruction of the property of CITY its officers, agents, or employees occupied or used by or in the care, custody, or control of CORMAMM, or in proximity to the site of COYMCIC R I S work, caused by any act or amiss ion, negligent or otherwise, of CONTRALIM or any tractor under this agreement or of CONS,'S or any subcontractor's employees or agents. (c) Any and all claims and demands which may be m de against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee cc agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, arty such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (d) Any and all claims and demos which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished for CONI'FiACIC3R or any subcontractor under t us agreement; and (e) Any and all penalties imposed or damages sought on acquit of the violation of any law or regulation or of any term or condition of any permit. CONIRWICR, at its own cost, expense, and risk, shall defend any and all suits, action, or other legal proceedings that may be brought or instituted by third persons against CTIY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any jent or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings. -5- 16. MUUM' CM�ENSATICN. C K7RAC.'ItCR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employes to be inm red against liability for wa kers' oaffpernsation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before oaamnencing the ornmarnce of the work of this agreement. 17. INSURANCE CONTRA.CIM, at its sole cost and expense, shall obtain anT ma i.n in full fcuce and effect dwouqffiout the: entire term of this aunt the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only cwn3AC'1t0dt, but also (with the timeption of workers' compensation ei and ployer's liability insuranoe) , CITY, its officers, agents, and euployees, and each of them with respect to activities and services performed by C IMMACICIR for or on behalf of cm under the provisions of this agreement. Certificates of mxh insurance, preferably on the farms provided by CITY, shall be filed with CITY ca=nxently with the execution of this agreement or, with CITY's approval., within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer amept after filing with the City Cleric thirty (30) days' written notice cf such cancellation or alteration, and that the City of Cupertino is named as an additional insured. OaTent certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREE1M U BINDING. The terms, covenant, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subooaatracr-ors of both parties. 19. WhIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall rnot be deemed to be a waiver of wny other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may became due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. costs ATramEYS Fes. The prevailing party in any action brought to enforce the terms of this agre Akent or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in motion with such an action from the other patty. 21. H=ISC RU4ni; IcN. No discrimination shall be made in the eaployment of persons under this agreement because Of the race, color, national origin, ancestry, religion or sex of suodn person. If the value of this &Weemant is, or may be, Five Thousand dollars ($5,000) or more, cmagtA rm agrees to meet all requirements of the 04x Lino Municipal Code pertaining to nondiscrimination in employment and to oamplete and submit the "oamplianoe Deport - Nondiscrimination :Provisions of City of Cupertino Contracts" on the form furnished by CM. -6- tl:. •1.-� -' •; y • " -'s F.l •1 �.a;_:♦ •7 �l:.:.i. - ,..�is `.}: it% •^. •'. « tr •: �.. -- .lam .• .dal =^-.11 �•.all Z.:' •L. C '•-- •.'I. :•: rl.. =3 a �.�: . .,..r amens 1' =.1 T 1.•r, M - - •• `� �.Ii' - ..I II•' 1s t •.. �.• .. •. ��. ors �. .". 411 • :• ''k..I •'1 !. �'• :,�' �[ :• <N. '•` •�.I,i f.:,fig.^�._.. •1. - • •P. �. •�- • ••' r� •Y 1�� •'1' �7. h' •.•• lll' 11= "•'.- .:tll_i, •�=• •: •' .=:1 �..• III iN wrrNF.-a wmwF, cm and caimamm have executed this agreement th day ard -year first above writItAm. ATTEST; CITY OF CUPERTIM %ty Clerk .......... APPFDM AS TO FCM: 'City Attorney Name [3VA Address �11 41 k t Telephm,vee rh 17 4-4 oc TATE OF CALIFORNIA ss. COUNTY OF v548:;�6_ �� P 4 r On this _�4 day of , in the year 19,qj, before me, the undersigned, a 1 Public in and to said State, personally appeared CHARLES E LYONS It I* k� and LJ Comm. # 964301 personally known to me v� 14MARY PUBLIC-CAUrORNIA (or proved to me on the basis of satisfactory evidence) to be the persons who executed the SAN iA CLARA COUNTY within instrument as _ 1/.*'G * President and Secretary. My Commission Expire- April 15, 1996 Q respectively,of the Corporation therein named,and acknowledged to me that the Corporation oi. a •,.,c��,�x., �' _'� ,,.c,,,_, �yti�� executed It pursuant to its by-laws or a resolution of its board of directors. WITNESS my hand and official seal ACKNOWIEOGMENT—Corp Pres &Sec —'.9olcous form 222CA—Pev 11-03 1983 WOI.COTTS.INC io"Ce class 8.2I Notary Public in a for said State. 04 Of Cupertbw 10300 Torre Avenue P.O.Box 5W Cupertino,CA 95014-32.5 Cupertino,CA 95015-05W Telephone: (400)252-4'::S FAX:(408)252-0753 7, 1992 PUBLIC WORKS DEPARTMENT File: 92,056 Terratech, Inc. 1365 Vai»der W43y San Jose, (A 9513.2 Re: Paquest. for Proposal. for Soils Testing and Reporting at Nine Sites The Public Wcew Depattment requests a proposal for the following soil tests and reports: 1. Agricultural Suitability 2. Soil R value 3. Structural Intensity Soils Repc rt 4. Soil toxicity Please provide a root to exceed alst and a test and report sole in your g Enclosed are maps of the nine situ with the test locations sh.Axim. Please note some sanples will be taken in various types of surfaces. ,Also include in the proposal a fee schedule for work not u cludedl in the original scope of work. In a mlanoe with Section 1771 of the labor code, firms must omply with prevailing wage rates. written proposals are due prior to Decenber 3.8, 1992, 2:00 p.m. in the Public Works Deparbwnt. Please cat Carmen Lyrikugh, Sr. FMineering Ted,nician, at (408) 252-4505 for additional information if required. CITY OF CUPERMV Bert J. Viskcvich Director of Public We7r cs 0 r4p 4t4'�� Z'r Carman Senior ftligirewing Tedmician CL:sli ends: as stated Use this legend in conjunction with 8-1/2" x 11" rqprQ&N0tiCM of typographic surveys for type and location for soil analysis A - Agricultural Suitability R - R value S - Struchiral Intensity - Soils Report T - Soil Tacicity Combine - Combine soil from lomticm stun for one test The number of soil samples, we believe, that are requJxed per site: 1e Combine saRPles for 1 test 4 R 1 S 3 T - combine samples Per ifs on plan Hyde piwo Creek 1 A - combined 1 A 3 R 1 T Eaton Fauria 1 A - combined 1 A combined - 1 R 1 T 1 T 2 R Lincoln Garden Cate 1 A - combined 1 A - combined 1 T 1 T - combined 1 R 1 R Rag Pagnart Monta Vista 1 T - combined 1 A - combined 1 A - combined 1 R 1/� 4 ��+•fit 1 w�� urafry WJTE rt,��wc onion .r � � 1t� M lOca/a ar.T••K hr0 f f�R. `Mw J �y -y[' r.o.to wra e.(<c 9ur.l.�fV •'� - ir1 rro.cfn 1 f V'4 ait v ier t?a'.ff wt: ! u '— l Jlt' _ �C ) -_✓✓� - L P` i jj ir ' 1\ a. l++ •� �1t-12=s'Jr-- �. ppt vE No 1 ..- � t V f All Ti � ; 1 . � � P� -• .i � � � 4') � �, � � _ _ --� - - � � i ���.t i a SUqhqMAL t .y jrra e>•� SiltT r ^ I ----------- O cm Q�. 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F i v034 AVEroUE j Q M ,..,P q.,Fll .ti.�••�..�•iY.4<..r.�RN� • ,..J .0 .4.�.1M V »W .J� ^ `..�irr�..�i..w�r _• .ram I r (�o.� Or W.ww l .�.~ •.....^.w..•R.... +.�.n��..wwr��`r�^i..�r.�.. ._.p fa..M•.r..N `.-_..+.r• fir« �.SM•�i1.•...� �� .. \\ B ....n W:�niwi:�i::`w•�n..i..�t�.w• ul"Tx Noifl ••---e a..sa.rrr rw s...` /Ii� ��} ••y'+°1 1 1 a lar.m...o a+.to a a uowa.u.Nyn, --• w..•.. •••... w r.a twwr. ) .. ttLS'trrll ROtR64lvMt4tplM,.tOnO4.®.q� a neti..•ar..... —' ,a. •••• 35%SUBMITTAL �•m.°',wm•�0io�`iwn�na«isoeu�[owwm •• w.wo« '��. ....tw.+�•,... �>°iaL"V.'ia �� :�:� anon-,a�a�w.P w�i Ruw.��•`iP°.�.•P.` �•,•e P.aaoa „rea,s o P umow.cma.n r,uwn aweon mn1 ' �.�0 • t.•,uo.•.o.,nm wa r-o-..s p.ND w.t.rm q Ot•w,o. ••• av.rw t �xN�BrT '`/111 ON of C" i"o 10300 Torre Avenue P.O.Box So Cupertino,CA 95014-3255 Cupertino,CA 9S01S4M Telephone:(408)252-4505 FAX:(409)252.0753 PUBLIC WORKS DEPARTMENT DeaMabOr 10, 1992 File: 92,056 `I10.1-rateChe Imo 1365 Vander play San Jose, CA 95112 Re: Addendum No. 1 to Request for Pr+aposal for Soils 70stinq and Reporting at Nine Sites The attached legend sheet has been charged to reflect three R value tests at Stevens Creek, not to be combined. Also, clarification on why the following tests are being requested; 1. R value is for areas to receive asphalt concrete or became a play area. 2. Structural intensity is for area where buildings may be placed. 3. Soil toxicity is to determine what treatments have beery, made to the soil. 4. Agricultural suitability is to determine what will be required as • additives to make the soil suitable for planting. Soil sample depths will vary to get a representative sample for each test. If you have any questions regarding this AddencIum No. 1 please call me at (408) 252-4505. CI ZY OF CLdPF 'JlTO Bert J. Viskovich Director of Public Works Carmen Lynaugh Senior F7igineerirg Tedudcian CL:slj encl Ott, of C",Xpro"o 10300 Torre Avenue PO.Box 580 Cupertino,CA 9501.4-3255 Cupertino,CA 9SO15-05M Telephone:(408)252-4505 FAX: (408)252-0753 PUBLIC WORKS DEPARTMENT DSCQ bW 14, 1992File: 92,056 Ter ateC1, Inc. 1365 Vander Way San Jose, CA 95112 Re: Addendum No. 2 to Request for Proposal for Soils Testing and Reporting at Nine Sites The structural intensity Soils report shall be a soils letter which contains the following: 1. The classification of all soils for mcpansion potential. 2. The classification of the soils ao=xUng to the Unified Soils Classification System. 3. The establishment of design bearing values and anticipated maximum settlements. 4. Soil profiles including relevant data to depths which reflect the nature and magnitude of the futur loading for a 1100 S.F. block wall building on a slab. 5. Passive pies 6. Coefficient of function 7. The type of foundation system required If you have any questions regarding this Addendum No. 2 please contact me at (408) 252-4505. CITY OF Bert J. Viskovich Director of Public Works ram. Carmen Lynaugh Senior Engineering Tedinician CL:sl j Vii 131-r ^T I 1,11101 1 t\k Lx��k 1%1*1-AJ N I 'i I P I, T 16 1 111 -1 fit 1:1i\N Kl).-I IT;-1 I 0:� I Ax Decembev 17, 1992 PS300/92 Ms. Carmen Lynaugh City of Cupertino 10300 Torre Avenue Cupertino, California 95014-3255 PUBLIC WOI','Kf')- Subject: Proposal for Soil Testing and Summary Report DEC 18 1992 Nine Sites TSOAM e-AU- Cupertino, California Dear Ms. Lynaugh: This proposal was prepared in response to your letter dated December 7, 1992 regarding soil testing and preparation of a summary report for nine sites in Cupertino, California. Scope of Work To provide the information described in your request for proposals and in the two Addenda, we would perform the following work. 1. Collect surface soil samples described in the legend and Site Plans provided with your request for proposals. 2. Explore, sample and classify subsurface conditions at the designated building area on the John F. Kennedy School site. Exploration will be by means of a backhoe if subsurface information is available for the school site. Exploration will be by means of small diameter borings if subsurface information is not available in the school records. 3. Perform the following laboratory tests on collected soil samples. a. 13, R-value tests b. 9, agricultural suitability tests (fertility, soil chemistry, and particle size) C. 9, soil toxicity tests (EPA 8080 - priority pesticides) d. Plasticity Index, Expansion Index, water content, dry density, and unconfined compression to address "structural intensity" report requirements. 4. Evaluation of the collected field and laboratory test data. 5. Development of recommendations for the "structural intensity" report described in Addendum No. 2. We will also include recommendations for site preparation, grading and compaction of the proposed concession stand and restroom building pad. December 17, 1992 PS300/92 6. Development of recommendations to make soil suitable for planting (if necessary, based on the findings from item 3b above) . 7. Development of general conclusions regarding soil toxicity test data from item 3c above (not a statistical health risk analysis) . 8. Preparation of a written report summarizing the findings and conclusions from items 1 through 7 above, as described in the original request for proposals, dated December 7, 1992, and in the Addenda, dated December 10 and December 14, 1992. Schedule We will schedule our work immediately upon receiving your written authorization to proceed. We expect to complete all soil sampling and subsurface exploration within 1 to 1-1/2 weeks of receiving authorization to proceed, weather and site access permitting. All laboratory testing should be completed within 1-1/2 weeks of collecting the samples. Engineering analysis and preparation of the summary report will be completed within 2 weeks of receiving the laboratory test results. All data will be available for you and your consultants during the course of our work. Estimated Fee All of our work will be performed on a "time and materials" basis in accordance with the attached Fee Schedule. We estimate the fee for the work described herein will range from Seven Thousand Eight Hundred Fifty to Eight Thousand Four Hundred Twenty Dollars ($7850 - $8420). We are prepared to complete the work (assuming backhoe exploration and no lead testing) for a fee not-to-exceed Eight Thousand Four Hundred Dollars ($8400) . If exploration is performed by drilling (rather than by backhoe) and soil is tested for lead content, an additional fee of up to Four Hundred Eighty Dollars ($480) should be budgeted. Our estimated fee is apportioned as shown on the table on the following page, which includes all sampling, testing and associated reports. Should you wish us to proceed with the work described herein, please return one signed copy of the attached Agreement for Professional Services. We would be pleased to discuss any aspect of the proposed scope of work or estimated fee with you. Sincerely, TERRATECH, INC. `12eul�u*(��j l z � Richard G. Woodard Principal Geotechnical Engineer 2 9:61 T ERRATECH. INC. 71 December 17, 1992 PS300/92 Breakdown of Estimated Fee Agricultural suitablity: $1450 - $1550 Soil R-value: $2800 - $2950 "Structural intensity" report (based on backhoe expl6ration): $1900 - $2150 Soil toxicity (based on pesticide testing only): $1700 - $1770 ----------------- Estimated fee for work described above: $7,850 - $8,420 Not-to-Exceed fee for work described above: $8,400 if drilling used in lieu of backhoe: add $ 250 - $ 310 if lead testing added: add $ 180 - $ 180 3 FATER ATECH,INC. I N1;1.I:U t5 `a\Ji"zE. 1121 s lit—_117,iN+$i :-,*1�kF.r Ilk,Nip 1)It..rt i"i,.h)I -11.R1)S,l'.a`�:rr>i) tI('.,! 12-4C'3; I*Ax itt•,•i::7';! LTII+)11.1r�i11'l:A3�F.11" Sti1Xl'I'IiEC.(`dts?!11t1 �.l�t��;�:3�1ti P.A\ 1:�• ;'.,-:^I FEE SCHEDULE This schedule lists typical prices for engineering,geology and testing services most frequently performed by TERRATECH,INC. Prices for other services and equipment not fisted,as well as special quotations for projects involving volume work or hazardous materials,will be given upon request. Sampling and testing are conducted in accordance with the latest applicable or designated specifica- tions of the ASTM,CALTRANS,UBC,or other pertinent agencies. PERSONNEL CHARGES Engineers and Geologists:° Principal/Special Consultants.................................................................................................................$125.00/hr. Associate................................................................................................................................................... 100.00/hr. Senior........................................................................................................................................................... 85.00/hr. Project.......................................................................................................................................................... 75.00/hr. Staff............................................................................................................................................................... 65.00/h r. Technicians and special inspectors(UBC):° Chief.......................................................................................................................................................... $5.00/hr. Senior........................................................................................................................................................... 70.00/hr. Project.......................................................................................................................................................... 60.00/hr. Staff............................................................................................................................................................... 50.00/hr. StaffAssistant............................................................................................................................................. 35.00/hr. Draftsman................................................................................................................................................................ 45.00/h r. AdministrativeSupport.......................................................................................—............................................. 40.00/hr. EnvironmentalServices Surcharge.................................................................................................................. 10.00/hr. PremiumTime Surcharge................................................................................................................................... 15.00/hr. Travel Time—In accordance with foregoing schedule. LABORATORY TESTING/ENVIRONMENTAL EQUIPMENT Separate Fee Schedule(s)Available MISCELLANEOUS CHARGES FacsimileTransmissions.......................................................................................................................................$ 2.00/sheet Photocopies.......—.......................................................................................................................................................... 0.20/ea. Photographs...........................................................................................................................................—................... 1.50/ea. Mileage........................................................................................................................................................................... 0.35/mi. Computer Time: WordProcessing......................................................................................................................................... 15.00/hr. TechnicalPrograms.......................................................................................................................................... Quote MoistureDensity Gauge............................................................................................................................................ 7.00/hr. Effective 8/1/91 •Subject to revision. l\ia1.%11'; \,., t�r.f'. t .\'.i+lis lu.. {:n:Mt:, VA\ lu- m!l 1 7!t; -,}lk f-l""i-air i rl;..1 ill,1, ':ILl,nti r A't'„r ii �t2 ir!:;ri U,a 12 7„1 \r\(.\i tUttii'P:RF:1 ;:_ .7:,; FAX 3n Fee Sch,.;dule-Continued Charges for special outside services, equipment and facilities not furnished directly by TERM;TECH,INC will be billed at cost+ 15%.Such charges may include,but shall not be limited to,the 'o)llowing: Chemical analyses Rental and operation of drilling and backhoe equipment Printing and photographic reproauction Transportation on public carriers Special fees,permits,insurance,etc. Meals and lodging Orders for copies of previously issued reports will be billed on a time and materials basis (minimum charge—$35,00). TERMS OF PAYMENT !nvoices will be submitted monthly. Invoices shall be due and payable when rendered. Invoices which are not paid within thirty(30)days from the billing date shall be subject to a LATE CHARGE in an amount equal to 11/z%per month(18%per annum). Payments received shalt be first applied to accrued, but unpaid,late charges and the balance to invoiced amounts. In the event that litigation becomes necessary to collect any sum owing from Client pursuant to invoices rendered hereunder, the prevailing party in such litigation shall be entitled to recover reasonable attorney's fees and costs in addition to such other relief as may be granted by the Court in the litigation. It is expressly agreed and understood that venue for any such suit or action shall be at the discretion of TERRATECH,INC in any court of competent jurisdiction located within the County of Santa Clara,State of California.TERRATECH,INC may,at its option,withhold delivery of reports and any other data pending receipt of payment for all servicas rendered. SCOPE AND EXECUTION OF SERVICES TERRATECH, INC provides services in accordance with generally accepted standards of professional practice. No other warranty,either express or implied,is granted as part of its services. In the event the client requests termination of services prior to completion of a final report, TERRATECH,INC reserves the right to complete such analyses and records as may be necessary to place its files in order and,where considered necessary to protect its professional reputation, to complete a report on the work performed to date of termination. TERRATECH, INC shall not be held responsible for delays occasioned by factors beyond its control. Effective 8/1/91 •Subject to revision. !165 VAN1)F:1Z�kA1` SA JOSE.CA!Cill_'' FAX 77 P! :+I WESTtkOoli 111,.: liTli litl 1;ILR(11`,CA!1--,f121, -42-4 1:36 1 \S-;u..•<--;':la 12 TH(ULa:�UI%'E\:�11:►1 MONTEREY,('.~<!3940 3tkR)4i:.'$;l6 PA\:,(k-::2 T 1,1 ill St'Sl'RRANRD,�!•ITEc_ SANLI•ISOBIS€O.('A'i'1401 w6154:t-:.4 FAX rrC ;�"•'?;i� LABORATORY SCHEDULE OF CHARGES SOIL AND AGGREGATE 1. Accelerated Expansion(COE CRE-C148): $200.00 2. Atterberg Limits: Liquid Limit(ASTM D4318) $60.00 Plastic Limit(ASTM D-4318) $ 60.00 Plasticity Index (ASTM D-4318) $100.00 3. California Rearing Ratio(ASTM D-1883): Laboratory Compacted Soil,per point $170.00 4. Cleanness Test (Caltrans Test 227 & 420) $ 65.00 5. Compaction of Soils: ASTM D-1557 procedure "A or B" $150.00 ASTM D-1557 procedure "C" $175.00 Caltrans test 216 part 11 $145.00 ASTM D-698 procedure "A or B" $130.00 ASTM D-698 procedure "C" $155.00 Check Point(ASTM or Caltrans) $ 60.00 Maximum/Minimum index (ASTM D4253 &4254) 0.1 cu. ft. $145.00 0.5 cu. ft. $205.00 6. Consolidation (ASTM D-2435): One-dimensional, per load $ 80.00 7. Crushed Particles: Per primary size (Caltrans Test 205) $ 75.00 8. Direct Shear: Residual Strength, per point $145.00 Undisturbed, undrained, per point $125.00 Remolded, undrained, per point $180.00 9. Durability: per size fraction (Caltrans Test 229) $ 85.00 10. Expansion Index (ASTM D4829) $120.00 11. Freeze and Thawing (ASTM C-666) $225.00 12. Friable Particles (ASTM D-142) $ 55.00 13. Lightweight Pieces (ASTM C-123) $ 55.00 14. Los Angeles Abrasion (Caltrans Test 211): 1001500 Revolutions $140.00 1000 Revolutions $160.00 15. Particle Size Analyses: % passing #200 only (ASTM D-1140, C-117) $ 45.00 Sieve Analysis, including wash (ASTM C-136) $ 65.00 Sieve Analysis, without wash (6" - p4) $ 45.00 Pit Run, including wash (ASTM C-136) $100.00 Hydrometer analysis (ASTM D422) $ 90.00 Effective OR15/92-Subject to revision. 7 'A I-,I'A 1 T 7 ml lv.�s 1 16. Permeability: Constant head (ASTM D-2434) $160.00 Failing head undisturbed Sample (EPA9100) $210.00 Failing head fabricated Sample (EPA9100) $245.00 Surcharge for non-water permeant $100.00 17. Ph Testing $ 15.00 is. R-Value: Treated (ASTM D-2844) $200.00 Untreated (ASTM D-2844) $180.00 19. Sand Equivalent: (Caltrans test 217) $ 75.00 20. Specific Gravity/Absorption: Coarse Aggregate (ASTM C-127) $ 60.00 Fine Aggregate(ASTM C-128) $ 60.00 Soils, Pycnometer Method (ASTM D -854) $ 70.00 21. Soundness of Aggregate (ASTM C-88): Magnesium or Sulfate, 5 cycle, per fraction $65.00 22. Swell - Compression: Fabricated Sample (ASTM D-4546) $130-00 Undisturbed Sample (ASTM D-4546) $t 15.00 23. Triaxial Compression, per hour, (ASTM D-4767) $ 60.00 24. Unconfined Compression (ASTM D-2166) $ 60.00 25. Unit Weight & Voids in Aggregate (ASTM C-29) $ 45.00 26. Water Content (ASTM D-2216) $ 15.00 27. Water Content and'Dry Density, undisturbed sample $ 25.00 28. Flat and Elongated Particles $ 90.00 29. Organic Impurities (ASTM C40) $ 45.00 Effective 05/15/92-Subject to revision. -7- 1'j ;,,I ';HAY.()%, r N 12 I'M J%k J. 11,1:F'Y. In Ili- ;7- 1.1,; Ifl TBAN Kil -1 VI V 1 f (I I I ASPHALT AND ASPHALT CONCRETE 1. Hveem Afix: Mix Design (Caltrans Test 3U3 & 3G4) Quotation Compacted Point(!ab mix) $140.00 Compacted Point (plant mix) $105.00 Stabilometer (S-Value) $ 55.00 2. rkilarshal" Alix: Mix Design (ASTM D-1559) Quotation Compacted Point, lab mix (set of three) $145.00 Compacted Point, plant mix (set of three) $105.00 Stability and Flow (Set of three) $ 55.00 Stability and Flow, core sample $ 55.00 Retained Stability $370.00 3. Theoretical Specific Gravity (ASTM D-2041) $ 80.00 4. Specific Gravity Core Sample: Core Sample SSD (ASTM D-2726) $ 30.00 Core Sample Paraffin Coated (ASTM D-1 188) $ 40.00 5. Extraction: Oil Content (ASTM D-2172) $ 90.00 Grading of Extracted Aggregate $ 85.00 6. Water Content of Plant Alix $ 15.00 7. Centrifuge Kerosene Equivalent (CKE) Coarse (Caltrans Test 303) $ 90.00 Fine (Caltrans Test 303) $ 95.00 Apparent, Kerosene Method $ 45.00 S. Film Stripping (Caltrans Test 302) $ 65.00 9. Analysis of Built-up Roofs (ASTM D-2829): Ply count, separation, bituminous content $100.00 Unit weight $ 30.00 PORTLAND CEMENT CONCRETE 1. Compressive Strength Tests: Standard Molded Cylindrical Specimen (ASTM C-39) $ 15.1K1 Core sample, inc. end preparation (ASTM C42) 1 55.00 Shotcrete, including preparation (ASTM C-1 14C 0) $ 55.00 Cylinders processed but not tested $ 12.00 2. Concrete mix review (UBC Sec 2605 (d)) S 70.00 3. Concrete mix design (ACI 211) not including aggregate testing $120.00 4. Unit Weight kir Concrete Cylinder: $ 30 CK) 5. Flexural Test of Concrete Beam (ASTM C-78 or C-293) S 55.00 6. Laboratory Trial Batch (ASTM C- 192): includes casting of 9 cylinders aggregate testing not included $300.00 7. Splitting Tensile Strength (ASTM C-496) $ 40 00 8. Specific Gravity Hydraulic Cement (ASTM C-188) $ 45.00 Effective 05/1 V92- Subject r revision SAN JOSE,('.N I 1,_' FkX 7716 -91 %%'E..zT\V(if)p PIL SUITF 101 (;11,R 0 Y,CA',510) 40.*1.-42-02.36 FAX 12 T H())!A­z()WV N�:'A'A 1 M()NTEPEN',CA!KiNu ­10z4)3T_'-37V1, FAX Vt­ ;72-74,11 Ill�1'[V,'KBAN RD.,�['ITE CLI SAN OBISPO.CA9.',101 i,,1$5):i43-5493 MASONRY 1. Absorption Tests Masonry Unit(ASTM C-140) $ 50.00 Brick Unit (ASTM C-67) $ 45.00 2. Compressive Strength Testing: Brick Sample (ASTM C-67) $ 40.00 Brick Prism (UBC 2426) $ 45.00 Grout Sample (ASTM C-1019) $ 20.00 Mortar Sample (ASTM C-39) $ 15.00 Masonry Unit (ASTM C-140) $ 50.00 Masonry Prism, 8"x 8"x 16" (UBC 2426) $ 55.00 Masonry Prism, other sizes (UBC 2426) Quotation Masonry Core $ 55.00 3. Efflorescence of Brick, set of five, (ASTM C-67) $ 75.00 4. Linear Shrinkage, set of three, (ASTM C416) $120.00 5. Water Content of Masonry Unit (ASTM C-140) $ 30.00 MISCELLANEOUS CONSTRUCTION MATERIALS ROOFING 1. Roof Tiles - Breaking Load (UBC 32-12) $ 20.00 2. Roof Tiles - Absorption(UBC 32-12) $ 50.00 3. Built-up Roofing, Ply Count, Separation, Bituminous Content $100.00 4. Built-up Roofing, Cut Tests (Unit weight only) $ 30.00 FIRE PROOFING 1. Laboratory Density (ASTM E-605) $ 55.00 REINFORCING STEEL 1. Bar Bend Test (No. 2 - No. 8) $ 40.00 Bar Bend Test(No. 10 and above) $ 70.00 2. Bar Tensile Test (No 2. - No 8) $ 40.00 Bar Tensile Test(No 10 and above) $ 70.00 3. Welder Certification, with Coupon Tests Quotation Effective OR 15192-Subject to revision. TFItRATECH, INC. STATEMENT OF O!IALIFICATIONS TERRATECH, INC. is a consulting engineering company committed to providing high- quality services within the following disciplines: Geottecchrucal Engineering, Materials Engineering, Construction Inspection and Testing, Engineering Geology, and Environmental Services. GEOTECHNICAL ENGINEERING TERRATECH's Geotechnical Engineering Division is staffed with registered civil engineers with specialized training in geotechnical engineering and geotechnical title authority. Our engineers have practical experience with a wide variety of residential, commercial, industrial, transportation, and public works projects. Many of our projects have benefitted from our knowledgeable use and application of deep foundations, mats, geotextiles, soil nailing, ground modification, chemical stabilization, grouting, fiber reinforcement of concrete, and other materials and techniques. All of our geotechnical engineering projects and consulting services are subject to peer review and quality control by associates or principals of the company. This management and review procedure has continually produced high-quality services and results that have maintained TERRATECH as one of the prenuer geotechnical engineering companies in northern California for over twenty-four years. We have received numerous awards from our peers in the engineering community for project excellence and innovation. Our geotechnical engineering staff consults with project owners, designers and contractors from initial site reconnaissance through completion of earthwork and foundation construction. Subsurface exploration and laboratory testing are performed under the direction of the geotechnical engineering staff with particular attention to site-specific conditions and project requirements. For special projects, our geotechnical engineering staff prepares complete construction plans and specifications. MATERIALS ENGINEERING TERRATECH's Materials Engineering Division specializes in: Portland Cement concrete mix designs; as halt concrete mix designs; aggregate quality testing; quarry evaluation and development; plant inspection and quality control; production testing; soil stabilization with chemical additives; strength, compressibility, and permeability testing; and evaluation of soil. TERRATECH's Materials Engineering Division is committed to maintaining the highest degree of accuracy in our testing while expediting results to meet project needs. In addition to performing the full range of soil and materials tests, our laboratory and materials staff evaluates and consults on material specifications, sources, and product potential. We have proven our ability to trouble-shoot materials and sources, and to develop solutions to materials problems. Our laboratory procedures and equipment meet the requirements of ASTM, CALTRANS, OSA, ACI, EPA, Corps of Engineers,, and other agencies, including inspection by the National Bureau of Standards, as required by ASTM E-329 and ASTM C-1077. Our laboratory instruments are calibrated annually. Our in-house All control program assures that appropriate procedures are used in our laboratory. All laboratory procedures are performed under the supervision of a registered civil engineer with specialized laboratory training and experience. TERRATECH, INC. CONSTRUCTION INSFECTION AND TESTING TERRATECH's engineers, certified inspectors and technicians provide a wide range of professional services related to the construction industry. Careful recruiting and training programs are employed so that knowledgeable and conscientious personnel are available in all areas of construction inspection and testing. TERRATECH routinely provides observation and testing services for: site grading; utility trench and structure backfilling; construction of retaining walls, subdrains and foundations; pavement subgrades and baserock preparation; and asphalt concrete pavements. We are accepted by the Office of the State Architect as qualified to perform construction materials testing and inspection services for public schools, hospitals, and essential services buildings (LEA No. 35). We provide Special Inspection (UBC 306) for reinforced, prestressed and post-tensioned concrete, structural masonry, structural steel and welding, high strength bolting, roofing, and many other construction materials, such as asphalt concrete and soil. Our engineers and construction inspectors work closely with owners and contractors to expedite construction while maintaining quality control. ENGINEERING GEOLOGY TERRATECH's Engineering Geology Division is staffed with registered geologists and certified engineering geologists with specialized training. We provide a complete range of geologic services including development feasibility investigations, landslide and debris flow investigations, fault investigations, seismic stability investigations, hazard mapping for public agencies, third-party reviews for public agencies, and expert witness testimony for geology and earth movement claims. Methods of study include research of published and unpublished geologic reports and maps, remote sensing, geophysical surveying, field geologic mapping, drill hole logging in soil and rock, backhoe test pit and trench logging, installation and monitoring of piezometer and slope inclinometers, and structural analysis. TERRATECH has a good working relationship with reviewing geologists in planning, building, and public works departments at the city, county and state level. When formulating the scope of work for a new project, we confer with the responsible reviewing geologist about specific requirements before our work is performed and before our report is submitted. Such coordination expedites project approval by the permit-issuing agency. ENVIRONMENTAL SERVICES TERRATECH's environmental services are a natural outgrowth of the geologic and geotechnical services we have provided for over twenty-tour years. Our knowledge and experience in the environmental field has secured close working relationships with local, county and state regulators. These relationships are crucial for developing cost-effective solutions that comply with environmental regulations. Our professionals keep abreast of the products and technical developments in this rapidly expanding field in order to provide high-quality, cost-effective service to our clients. Computer use--through data collection, tabulations, interpolation and modeling--is an integral part of our work. TERRATECH,INC. • Our registered environmental assessors fulfill the needs of property buyers, sellers, developers, agents and lenders by performing toxic/hazardous materials assessments for real estate transactions. Our services include ciose communication with our clients on all important aspects of a project. TERRATECH'S registered geologists and registered civil engineers perform remedial investigations and feasibility studies, prepare corrective action plans, provide guidance to hazardous waste contractors during remediation, perform verification sampling and testing, design and install soil and ground water treatment systems, and perform periodic ground water monitoring to confirm that remediation has been achieved or to document that remediation is unnecessary. Close interaction between our environmental staff and the other technical divisions of our company allows us to effectively provide complete and practical solutions for remediation. We are also able to provide continuity and proper follow-through during and after site rernediation by inspection of all phases of on-site earthwork and construction. SUBSUREACE EXPLORATION TERRATECH'S engineers and geologists use a wide variety of techniques and equipment for exploration,;and ling, in-situ testing, and identification of subsurface conditions. Selection of exploratiothods and exploration subcontractors is based on the specific needs of the project, sites, anticipated subsurface conditions, data required for proect design and constructionability to provide reliable, high-quality service at a reasonable cost. One of our options for subsurface exploration is an affiliated drilling company. This company uses experienced drillers for geotechnical and environmental exploration covering northern and central California. The company is licensed for exploration drilling and monitoring well construction. For environmental exploration, the drillers are monitored by a medical surveillance program and have completed a minimum of 40 hours of OSHA/SARA training required by 29 Code of Federal Reggulations 1910.120 and California Title 8, General Industrial Safety Orders Section 5It TERRATECH. INC.