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00-089 Cleary Consultants, Inc~~' - CUPEI~TW~ ~Ey AGREEMENT CITY OF Cl1PERTINO 10300 TorrE~ Avenue Cupertino, (:A 95014 (408) 77'7-3200 NO.f~J ~~~ (~v {"' ' ~:. BY THIS AGREEMENT,~na~eF~erttafd into on the 2nc. day of AUGUST , 20Q~, by and between the CIT F CUPERTINO (Hereinafter referred to as CITY) and Name (1) CLEARY CONSULTANT, ING. _ (2) Address 900 N. SAN ANTONIO RD. City LOS ~,LTOS Zip 94022 Phone (650) 948-0574 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified servic~as and/or materials: SUPPLEMENTAL GEOTECHNICAL INVESTIGATION FOR S?'EVENS CANYON ROAD WIDENING PROJECT EXHIBITS: The following attached exhibits hereby are made part of this Agreement: SEE PROPOSAL MARKED EXHIBIT "A" TERMS: The services and/or materials furnished under this Agreement shall commence on AiTrrrsT 2., 200n and shall be completed before AUGUST 18, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: NOT TO EXCEED $5,000.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME CARMEN LYNAUGH _ DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by ~:.ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: c< By Title ~ r>!s ~ i N ~~ea-# ~~ ~~ APPROVALS CITY UPERTINO' Eiy l~itle PUBLIC WORKS J CTS tANAGER EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT CITY L K DATE 8 7 6 420-9430-9301 $5,000.00 White: City Clerk /~'v Green: Finance Yellow: Contractor Pink: Receiving Gold: Department cc ~CLEARY CONSULTANTS, INC. Geofechnlca/ Engineers and Geologists Ms. Carmen Lynaugh City of Cupertino, Public Works Department 10300 Torre Avenue Cupertino, CA 95014 DWIBITA August 1, 2000 Ser. 7587 RE: PROPOSAL FOR SUPPLEMENTAL (TEOTECHNICAL INVESTIGATION STEVENS CANYON ROAD WIDENIr1G CUPERTINO, CALIFORNIA Dear Carmen: Introduction As requested, we are submitting this proposal to pf;rform a supplemental geotechnical investigation for the Stevens Canyon Road Widening Project in Cupertino, California. We completed a geotechnical investigation report for this project gated June 2, 2000, which provided foundation engineering and design recommendations for the proposed project retaining walls. We understand that a drilled pier foundation is being considered to support the proposed downhill retaining wall, as an alternative to a spread footinl; foundation, due to the relatively large footings that would need to be constructed to meet design requirements. Tieback reinforcement may also be used for the walls. The scope of our original field investigation was based on using either crib walls orpoured-in-place concrete walls (Caltrans design) supported on spread footing foundations. In order to provide recommendations for drilled bier foundations for the downhill retaining wall, we recommend that deeper exploratory borings rye drilled at the site. Scope of ;services Based on the above, we propose that our supplemental geotechnical investigation consist of the following: 900 N. SAN ANTONIO ROAD LOS ALTOS, CALIFORNIA 94022 (650) 948-0574 FAX (650) 948-7761 e-mail: clearyconsultants~att.net EXHIBITA Ms. Carmen Lynaugh City of Cupertino, Public Works Department August 1, 2000 Page 2 1. A subsurface investigation consisting of four exploratory borings on the south side of Stevens Canyon Road in the area of the proposed downhill retaining wall and at the bottom of the slope inside the Bark. The borings will be drilled to depths of 15 to 25 feet using truck mounted au;;er drilling equipment. The field work will be performed under the guidance of olir engineer who will log and sample the borings. Continuous sampling will be performed in the upper six feet of the borings and at five foot intervals, or changes in material type, thereafter. Standard Penetration samples and Modified California samples will be obtained for classification and shear strength testing, respectively. The holes will be measured for possible free water prior to their backfilling at the end of the day. 2. Laboratory testing of samples obtained from the borings. These tests will include moisture content, dry density, shear strength, free swell and plasticity index determinations, as appropriate. Hand held torvane and pocket penetrometer testing of undisturbed samples would also be performed in the field and laboratory. 3. Engineering analysis of the field and laboratory data. 4. Preparation of a supplemental geotechnical investigation report for retaining wall design purposes. Our report, which will include the field and laboratory data, and utilize the information and findings from our earlier studies, will present findings and recommendations for the following: a) Retaining wall drilled pier foundations. b) Tieback reinforcement of retaining walls. c) Any other unusual design or construction conditions encountered in the investigation. Arrangements Our services will be provided in accordance with the Schedule of Fees and Conditions presented on the reverse side of the last page of this proposal. We estimate that the cost for the work described in this proposal will be $5000. This fi;~ure would not be exceeded without your prior approval. CLEARY CONSULTANTS, INC. EXHIBIT R Ms. Carmen Lynaugh City of Cupertino, Public Works Department August 1, 2000 Page 3 We can perform the field work within approximately two weeks of your notice to proceed and our report would be submitted in about three weeks thereafter. Information concerning our findings and recommendations would, however, be provided to you as soon as it becomes available. Our services will be performed, findings obtained, and recommendations prepared in accordance with generally accepted geotechnical engineering~~rinciples and practices. This warranty is in lieu of all other warranties, either expressed or implied. We look forward to providing you with the additic-nal information you have requested and ask that you call if you have any questions regarding this proposal. If you wish us to proceed, please sign and return one copy of this agreement. Yours very truly, CLEARY CONSULTANTS, INC. ~~~~ Grant Foster Civil Engineer 60357 J. Michael Cleary Geotechnical Engineer 222 GF/JMC : pc Copies: Addressee (2) AUTHORIZATION Approved By Date CLEARY CONSULTANTS, INC. CLEARY CONSULTANTS. INC. SCHEDULE OF FEES AND CONDITIONS PERSONNEL CHARGES Non-Technical Assistant .................................................................................. 35.00/hr Draftsman ............................................................................................ 40.110/hr Staff Engineer/Staff Engineering GeologisUEngineering Technician ....................................................... 60.00/hr Senior Staff Engineer ...................:................................................................. 65.00/hr Project Engineer/Project Engineering Geologist .................................................................... 80.00/hr Senior Engineer/Senior Engineering Geologist ..................................................................... 90.00/hr Principal ........................................................................................... $125.00/hr* *Expert witness fees for appearance at court and depositions are $1600/day and $800 half day. There is a minimum of one-half day for all court and deposition appearances. EQUIPMENT CHARGES Automobile .........................................................................................$ 0.35/mile Mobile Laboratory .................................................................................... 5.00/hour Nuclear Moisture/Density Gauge ............................................................................. 5.00/test MISCELLANEOUS CHARGES Drilling services, printing and reproduction, special and consultant fees, permits, insurance, equipment and vessel rental, navel and subsistence expenses and other similar related costs are billed at cost plus 12 percent. Copies of previously issued reports will be billed at $25.00 for the first copy and $10.00 for each additional copy, or at cost of reproduction for larger reports. STANDARD OF CARE Cleary Consultants, Inc. (CCI) under this Agreement will strive to conduct services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other warranty, expressed or implied, is made. Client recognizes that subsurface conditions may vary from those encountered at the locations where our borings, surveys, or explorations are made and that our data, interpretations and recommendations are based solely on the information available to us. We will be responsible for those data, interpretations, and recommendations but shall not be responsible for the interpretation by others of the information developed. RIGHT OF ENTRY The Client shall provide for CCI's right of entry and all our necessary equipment, in order to complete the work. While CCI shall take all reasonable precautions to minimize any damage to the property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. GENERAL LIABILITY INSURANCE CCI represents and warrants that it is protected by worker's compensation insurance and that we have such coverage under public liability and property damage insurance policies which we deem to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, we agree to indemnify and save Client harmless from and against any loss, damage, or liability arising from any negligent acts by CCI and its staff. We shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. We shall not be responsible for any loss, damage, or liability arising from any negligent acts or willful misconduct of Client, its agents, staff, and other consultants employed by it. Certificates of our general liability insurance shall be provided upon request. UTILITIES In the prosecution of our work, CCI will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The owner agrees to waive any claim against CCI and to defend, indemnify and hold CCI harmless from any claim or liability for injury or loss allegedly arising from CCI's damaging underground utilities or other man-made objects that were not called to CCI's attention or which were not properly located on plans furnished to CCI. LIMITATION OF LIABILITY To the fullest extent permitted by law, and not withstanding any other provision of this agreement, the total liability, in the aggregate, of CCI and its officers, directors, partners, employees, agents and subconsultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to this project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of contract or warranty, express or implied, of CCI or its officers, directors, employees, agents or subconsultants, or any of them, shall not exceed the total compensation received by CCI under this Agreement, or the total amount of $25,000, whichever is greater. DISPUTES The parties to this Agreement covenant and agree that all claims, disputes and other matters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be submitted to non-binding mediation prior to initiation of any lawsuit or other litigation, unless the parties mutually agree otherwise. The cost of said Mediation shall be split equally between the parties. In the event of any litigation arising or related to the services provided under this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court costs, attorneys' fees and other related expenses. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials or certain types of hazardous materials may exist at a site where there is no reason to believe they could or should be present. CCI and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition requiring a renegotiation of the scope of the work or termination of services. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by CCI as instruments of service, sha-1 remain our property. Client agrees [hat all reports and other work furnished to the client or his agents, which is not paid for, will be returned upon demand and will not he used by the Client for any purpose whatever. THIRD PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or CCI. CCI's services under this Agreement are being performed solely for the Client's benefit, and no other entity shall have any claim against CCI because of this Agreement or the performance or nonperformance of services hereunder. The Client agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. ASSIGNMENT Neither parry to this Agreement shall transfer, sublet or assign any rights under or interest in this Agreement (including but not limited to monies that are due or monies that may be due) without the prior written consent of the other parry. INVOICES Invoices for our services will be submitted, at our option, on a monthly basis or when the work is completed. Invoices will be due immediately, but will not be delinquent within 10 days from which the invoice is dated. If payment is not so made, a service charge will be due on the amount of the invoices at the maximum rate permissible by law from the date of the invoice until the same is paid. If suit is filed, a reasonable attorney's fee, to he set by the court, and other costs incurred in collecting any delinquent account, shall be included in any judgement in favor of CCI. SAMPLES All samples of soil and rock will be disposed of from the laboratory 30 days after issuance of the report unless the Client advises otherwise. Upon request, we will deliver the samples to the Client, charges collect, or will store them for an agreed storage charge.