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15-092 Ninyo & Moore for the Wilson Park Bleacher Shade Canopy Project �©cG AGREEMENT BETWEEN THE CITY OF CUPERTINO AND NINYO&MOORE FOR CONSULTANT SERVICES FOR THE WILSON PARK BLEACHER SHADE CANOPY PROJECT �t,x THIS AGREEMENT, for reference dated JL5 20� s by and between CITY OF CL PERTINO, a municipal corporation (hereinafter referred to as "City"), and NINYO & MOORE, a California corporation, whose address is 2149 O'Toole Avenue, Suite 30, San Jose, CA 95131(hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement;and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for geotechnical services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on July 31,2015,unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" entitled "Scope of Services"which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed Eight Thousand Dollars ($ 8,000). The rate of payment is set out in Exhibit C, titled Page 1 of 10 Consultant Agreement "Compensation",which is attached hereto and incorporated herein. Consultant shall furnish to City' a detailedstatement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this.Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and ,experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items,if required, are the responsibility of Consultant. 8. IMMIGRATION REFORM AND CONTROL ACT (IBCA): Consultant assumes any- and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage,liability,costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all.violations of this provision shall constitute a material breach of this Agreement. Page 2 of 10 Consultant Agreement 10. PROTECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. Alex Acenas, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT:Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Timothy P. Sneddon, P.E., G.E. 11. HOLD HARMLESS: Indemnification: Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Page 3 of 10 Consultant Agreement Statutory coverage as required by the State of California. (2) Liabili : Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage:. $100,000 each occurrence or- Combined Single Limit: $500,000 each occurrence B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she h s.4,agreed -to `provide.. comprehensive' "general`:and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance,City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. . D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance,. required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. Page 4 of 10 Consultant Agreement E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of,this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any-work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. Page 5 of 10 Consultant Agreement 17. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy-of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project;and/or (4) -Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original,which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the.right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data; documents, proceedings and activities related to this Page 6 of 10 Consultant Agreement Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of-records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail., postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino Attention:Alex Acenas,Public Works Project Manager 10300 Torre Ave. Cupertino CA 95014 All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Ninyo&Moore Attention:Timothy P.Sneddon,P.E., G.E. 2149 O'Toole Ave.,Ste. 30 San Jose,CA 95131 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, Page 7 of 10 Consultant Agreement documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: -Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara,State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills,lithographs,posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein,whether of the same or a different character. 25. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. Page 8 of 10 Consultant Agreement 27. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement. Page 9 of 10 Consultant Agreement P.O. No. C? I, L IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation NINYO&MOORED By BY el/X1 flp .Timm 134 64,Director of Public Works Name Terence K.Wang r Date Title Principal Engineer Date 6-4-2015 Tax I.D. No.: 33-0269828 APPROVED AS TO FORM: Address: 1956 Webster Street, Suite 400 Oakland, California 94612 Carol Korade, City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: $8,000 Account No. : 100-82-806-700-702-P W 002-02-03 Page 10 of 10 Consultant Agreement EXHIBIT A SCOPE OF SERVICES CONSULTANT shall perform professional services as detailed in the following sections related to the Wilson Park Bleacher Shade Canopy Project located on 19784 Wintergreen Dr.,Cupertino. SECTION 1. GENERAL A. General PROJECT Description:The PROJECT involves geotechnical evaluation for the design and construction of the foundation for the proposed new shade structure at Wilson Park.The purpose of the geotechnical evaluation is to assess the subsurface conditions and geologic hazards at the site and to provide geotechnical recommendations for the design and construction of the proposed facilities. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY,in accordance with the express terms hereof,including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. The CITY's Department of Public Works shall manage the PROJECT and this AGREEMENT. CONSULTANT shall receive final direction from the CITY's Director of Public Works or his/her authorized designee (hereinafter collectively "CITY")only. The CITY shall resolve any conflicting direction from other groups, departments or agencies. 3. CONSULTANT shall coordinate this scope of services with the CITY as well as with other CITY consultants and contractors, as needed or as directed by the CITY. 4. CONSULTANT's services shall be performed as expeditiously as is consistent with professional skill and care and the orderly process of the work. The schedule for the performance included in EXHIBIT B,may be adjusted by mutual agreement. 5. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable design criteria, and communicate with members of the PROJECT team. 6. CONSULTANT shall submit work products to the CITY, according to SECTION 2—"TASKS",of this EXHIBIT A for purposes of evaluation and approval by the CITY. The CITY including the Department of Public Works Engineering and City Facilities and Department of Parks and Recreation will review the documents. 7. CONSULTANT shall assist the CITY, as requested by the CITY,in connection with the CITY's responsibility for filing documents required for the approval of Page 1 of 7 Ninyo&Moore Agreement Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits governmental authorities having jurisdiction over the PROJECT,including submitting to the CTY's Building Department for a building permit if required. C. Estimate of Probable Construction Cost:Not applicable. SECTION 2. TASKS 1. Review readily available geologic-and seismic literature pertinent to the project area including geologic maps and reports, regional fault maps, and seismic hazard maps. 2. Perform a site reconnaissance to observe the general site conditions and to mark the proposed locations for subsurface exploration. 3. Review existing utility plans provided. Coordinate with Underground Service Alert to locate the underground utilities in the vicinity of the proposed exploratory borings. 4. Submit an encroachment permit with CITY (fee will be waived,no permit required from Santa Clara Valley Water District due to proposed exploration depth of less than 45 feet). 5. Drill one boring to a depth of approximately 25 feet below grade, to evaluate the subsurface conditions. The boring will be hand-excavated (hand-augured) in the upper 5 feet and then drilled using a truck-mounted drill rig. The boring will be located in the grass area approximately 15 feet from the proposed shade structure. A representative of CONSULTANT will log the subsurface conditions exposed in the boring, and collect bulk and relatively undisturbed samples for laboratory testing. The boring will be backfilled with drill cuttings and/or Portland cement grout. 6. Perform laboratory tests on selected soil samples to evaluate soil moisture and dry density, percentage of soil particles finer than the No. 200 sieve, Atterberg limits, soil corrosivity, and shear strength as appropriate for the subsurface materials encountered. 7. Compile and analyze the field and laboratory data and the findings from our geologic review to evaluate the following issues as needed: a. Subsurface conditions encountered at the site including stratigraphy, depth to groundwater if encountered, and published historic groundwater depth. Page 2 of 7 Ninyo&Moore Agreement. Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits b. Design criteria for pier foundations including allowable skin friction, end bearing capacity and lateral load resistance. c. Soil type and seismic design parameters consistent with the 2013 California Building Code. 8. Prepare a short summary letter presenting design criteria for the proposed pier foundations. 9. Assumptions: a. Encroachment permit will be obtained by CONSULTANT. No encroachment fees will be required. No inspection or application fees for the exploratory boring. b. Right-of-entry will be provided and subsurface exploration shall be performed during normal construction hours as allowed by CITY. No work shall be performed outside normal construction hours. c. Subsurface exploration program can be performed in 1 day with truck-mounted equipment. Unforeseen field conditions that impact the execution of the scope of work described above will be brought to CITY's attention immediately. d. CONSULTANT will contact Underground Service Alert prior to performing subsurface evaluation. CITY will provide CONSULTANT with any additional information regarding the presence of utilities within the project area to the best of CITY's knowledge. CONSULTANT shall not be responsible for utilities encountered during drilling that have not been marked out or shown on the plans. e. A private utility locator will not be used. If directed by CITY, a private utility locator can be used for an additional fee of$500. f. Hazardous materials are not anticipated to be encountered during the subsurface evaluation and cuttings may be disposed of off-site. Should hazardous materials be encountered or suspected, the work to account for appropriate health and safety measures, analytical characterization, and additional disposal costs shall be considered as Additional Services. ADDITIONAL SERVICES Consultant Services beyond the work in the above tasks may be provided by CONSULTANT as Additional Services only if such Additional Services are authorized in writing by the CITY in advance. An Additional services amount of ONE THOUSAND THREE HUNDRED DOLLARS($1,300.00)is made a part of this agreement. Additional services may be paid for as a negotiated maximum not to exceed amount or by a time and materials cost accounting with a maximum not to exceed. Page 3 of 7 Ninyo&Moore Agreement Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by July 31,2015. EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT,including both payment for professional services, additional services and reimbursable expenses,shall not exceed EIGHT THOUSAND DOLLARS($8,000). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this AGREEMENT, except for additional services required pursuant to Section 2,TASKS and inclusive of reimbursable expenses,for the maximum not to exceed amount of SIX THOUSAND SEVEN HUNDRED DOLLARS($6,700). The maximum amount of Additional Services authorized under Section G of this EXHIBIT C is ONE THOUSAND THREE HUNDRED DOLLARS ($1,300). B. Method of Payment For the Tasks outlined in Section 2 of Exhibit A,CONSULTANT shall, during the term of this AGREEMENT,invoice the CITY monthly based upon a percentage of completion of each milestone set forth below in the Payment Schedule (Schedule D below)for services performed, and reimbursable expenses incurred if applicable,in completing that milestone under this AGREEMENT. (Hereinafter"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY,the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty(30)working days of receipt of the Invoice. The Invoice shall be based on the percentage of milestone completed, and it shall describe the topics and tasks completed during the Invoice period in accordance with the Budget Schedule and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable expenses if applicable,in accordance with the Budget Schedule and Payment Schedule set forth below. CONSULTANT also shall include supporting documents for any reimbursable expenses. The Invoice shall also show the total to be paid for the Invoice period. Page 4 of 7 Ninyo&Moore Agreement Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits C. Budget Schedule The Budget Schedule for this AGREEMENT shall be as follows: Task Task Description Compensation Tasks 1 -8: Geotechnical Evaluation $6,700 Additional Services 1,300 TOTAL $8,000 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. Page 5 of 7 Ninyo&Moore Agreement,,, Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: TASK MILESTONE PERCENT OF TASK COMPENSATION PAID UPON COMPLETION OF MILESTONE Tasks 1—8 100% Additional Services Paid Pursuant to Subsection G below E. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services. F. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's lump sum compensation,including, but not limited to, any expenses related to CONSULTANT's internal plan checks,CAD test prints, 81/2"x 11" copies or fax copies. Plotting and Printing for public distribution will be the responsibility of the CITY. There are no separate reimbursable expenses for Basic Services performed under Tasks 1-7 of EXHIBIT A. G. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set aside the sum of ONE THOUSAND THREE HUNDRED DOLLARS($ 1,300)for the payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month. In the event Additional Services are authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the EXHIBIT C-1 sall stay in effect during the full term of the contract. The CITY shall pay Additional Services Invoices as provided in this EXHIBIT C. Page 6 of 7 ....;_Ninyo&Moore Agreement Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits Exhibit C-1 :. s' e ctr'ct�r is f; {7c3 r�frronr 4r^t�alSeL- ces ConsuftanEs SCHEDULE OF FEES .HOURLY. 'CHARGES FCSR PERSONNEL Pri.hpipal.Engineer/Geologist/EnViranmental Scieritist/Certifed.Industrial:Hygienist:.,... ,... ...................$ 195 Senior.Engineer/GeologistlEnvironmental.Scientist:::... .. ...... ...... ......... 190 _ .. Senior-Project,Engineer/Geologist%Environmental Scientist.:: $ 185 Project Engine er/Ge616dist/En� ii cinrnental Scientist. $ 175 5 Senior Staff EngineerlGeologistlEnvironmentaI Scientist—... ................ ...... ... $ 160 Staff Engineer/Geologist/Ehvironmelttal Scientist „ ....... ........,..,..,.,,. ....,.,. ,.. .: .... ..... GIS.Anafyst ::........................... ........ $ 1 5 FieldOperations.Manager..... .... .................... ....................,...........,...........................,.. $ 125 Supervisory Technician .... ....... ... 1 Nondestructive Examination Technician,UT,MT,LP... :::..:..... $ 1Q9 ACI Concrete Technician......................... .,. ... ..... 109 GoncretelAsphalt Batch Plant.Inspector, .::.._ 109 Special-Ins.pector(Concrete;,;Masonry,Steel,Welding,and Fireproofing):.,, . ... .......... 109 .Senior Field/L-aboratory Techrilctan. ,,.. $ 106 .........::...:.::......... Field/Laboratory Technician :. ...:..::......:::...::...:. ....:..:: ......:.:...:.::.. ...:,. ..,:..: ..... $ '103 Techhica1.111ustratorlCAD Operator.:. ....... .......,,.,:...................... _ . 3 108 Information Specialist::.. .......... ... 85 Geoteclinical/Enviroh,p ental/Laboratory Assistant .....:,.......... .....::.......... ..:...... ....:.,., ,:::...:.:................ .......... 80 $ Data Processln. ',Technical Editing',or Re roduction:.:. ,,...- ?5 OTHER CHARGES Expert Witness Testimony,,:...............,....................:....... .:...........:..........:.. ...:..... ... 400 Jhr PLD/FID Usage' 160 Iday ::.. Concrete Coring Equipment(includes one technician) _..... .. ,. .......:................. $ 160.'/hr Anchor load test equipment(Mcludes technician) $ 150/hr. Hand Auger Equipment,..... .....:..:......:..........:.......: ......:,........ ......... ...................................,,..... . ..... 80./day. IncEmometer U age ...., .:.....,. .............. ...,.... Vapor Emission Kits;:,.: .:.„ :,:,: .... .,;. 50/kit Level.D Personal Protective Equipment.(per person per,day) ,.........,..:.. ...................... $ 40:Ip1i Rebar Locator(Pachometer). .,....,. ..:::. :. $ 40/hr: : Nuclear Density Gauge Usage...:,:,_..........., . ....:........::........:.......:............:....... ::....... ........................... $ 25 ilii Field Vehide.Us'age' ......,..., .,...... .. Direct.Project.Expenses........ ...... .................................... ......... Cost:plus 15 Lab'orato testing, `eo h sical e 'uipment.,and other special e u'ement.provide6upon requast ..............__ .: .. Page 7 of 7 Ninyo&Moore Agreement Geotechnical Evaluation for the Wilson Park Bleacher Shade Canopy Exhibits Client#::704 NINYOMOOR1 -A:CORDr. - - - -CERTIFICATE OF LIABILITY- INSURANCE ATE(MM►DD/YYYY). 6/04/2015. _ THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLYAND-CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS- CERTIFICATE-DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND ORALTER THE COVERAGE.AFFORDED BYTHE POLICIES " BELOW.THIS.CERTIFICATE OFINSURANCE DOES NOT.CONSTITUTE A CONTRACT BETWEEN THE-ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER;ANDTHE:CERTIFICATE"HOLDER. - IMPORTANT:If-the certificate holder is an ADDITIONAL INSURED,the-policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement-on this certificate does not-confer rights to the certificate holden in lieu of such endorsement(s). PRODUCER-CONTACT Doris Chambers NAME: Dealey,Renton"&"Associates PHONE FAx. A/C No - - _ Ext):510 465-3090 Arc;No; 51'0 452-2193 P..O.Box 12675. E-MAIL ADDRESS: Oakland,CA:94604-2675. INSURER(S)AFFORDING COVERAGE NAIC# 510 465-3090 Mandy.Guo. INSURER A Travelers Property.Casualty.Co 25674 INSUREDINSURER.-B.American Automobile Ins...Co. 21849. Ninyo&Moore:Geotechnical - INSURER- suRER C:Alterra Excess:&Surplus Ins.-C =. 33189 Environmental Sciences Consultants- - - INSURER D: 1956 Webster Street,.Suite 400 INSURER E: - :Oakiand,:CA.946.12 : - ... INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS.TO CERTIFY THAT THE POLICIES-OF INSURANCE-LISTED-BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF-ANY-CONTRACT-OR OTHER DOCUMENT WITH RESPECT.TO WHICH.THIS' . CERTIFICATE MAY BE.ISSUED OR MAY_PERTAIN;' THE-INSURANCE.AFFORDED,BY THE POLICIES DESCRIBED HEREIN.IS SUBJECT TO ALL'THE TERMS,. EXCLUSIONSANDCONDITIONS OF SUCH.-POLICIES.-LIMITS.-SHOWN-MAY HAVE:BEEN.REDUCED' BY.PAID- 'CLAIMS. TYPE OF INSURANCE ADDL SUBR POLICY EFF -POLICY EXP LIMITS LTR INSR WVD- POLICY NUMBER MMIDD MM/DD - A GENERAL LIABILITY X -.X 6308986R247 - 10/03/2014.10/03/201- EACH OCCURRENCE $1,000;000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea"cur enc. $1,000,000 CLAIMS-MADE_ OCCUR _ MED EXP(Any one person) $10,000 71 X Contractual . . . . . . . . . : PERSONAL&ADV.INJURY. $1000,000 11 OCP GENERAL AGGREGATE $2,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER:" PRODUCTS-COMP/OP AGG. $2,000,000 POLICY X PRO- LOC $ JECT /4: . _. :. MBI AUTOMOBILE LIABILITY X X 8108986R247 10/03/2014.1 O/O3/201. COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY:INJURY(Per person) $ ALL OWNED SCHEDULED AUTOS- AUTOS BODILY INJURY(Per accident) $ - NON-OWNED PROPERTY DAMAGE $ X HIRED AUTOS X AUTOS Per accident : . $. . -A X UMBRELLA LIAB """X OCCUR X X: CUP8986R247 10/03/2014 1'0/03/2015 EACH OCCURRENCE. _$9,00. 9 000'000- - EXCESS. OOOEXCESS LIAB _ CLAIMS;-MADE- AGGREGATE $99000,000. DED . RETENTION$ $ 6= WORKERS COMPENSATION" X WZP8�O25302- 5/O1/2015 O5/O�/2O1 :X .WCSTATU- OTH= TORY LIMIT AND EMPLOYERS.'LIABILITY: Y-/N - . . . . . . .ANY PROPRIETOR/PARTNER /EXECUTIVE : E L EACH ACCIDENT GCIDENT .$j:,000,0OO OFFICER/MEMBER EXCLUDED? N!A (Mandatory in NH) . E.L.DISEASE-EA EMPLOYEE $1,000 OOO If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1;000,000 C Professional Liab M_ AX7PL-0001210 04/03./20.14,10/0.3./2015:=$5,000,000 per Claim _ &Contractor's : $5,000,000 Annl.Aggr.:: Pollution Liab. DESCRIPTION OF OPERATIONS/:LOCATIONS/:VEHICLES(Attach ACORD 101,Additional:Remarks Schedule,if more space is required). GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES.- REF-ALL OPERATIONS-OF THE NAMED INSURED:GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED:City of Cupertino,-its-City-Council,boards and.commissions,officers,.employees and volunteers.Insurance-is primary perpolicy.form.:Waiver of-Subrogation applies to Commercial General Liability,Automobile Liability-and Workers Compensation.Coverage.: CERTIFICATE HOLDER-- - CANCELLATION . . . . . . City Of Cupertino SHOULD-ANY OF THE ABOVE.DESCRIBED POLICIES BE CANCELLED BEFORE -THE EXPIRATION DATE. THEREOF, NOTICE WILL BE DELIVERED -IN 10300-Torre Avenue ACCORDANCE WITH -THE POLICY. PROVISIONS. . . . . Cupertino,.CA-95014 . . . . . _. _ . AUTHORIZED REPRESENTATIVE. " . . . . . . ©1988-20.10 ACORD:CORPORATION.All rights reserved. ACORD 25 2010/05 ( ) 1-:.of 1 The ACORD=name.and logo are registered marks of ACORD - #S1351658/M1313113- NMF 6308986R247 . . : 0 C MM:ERCIAL-GENERAL LIABILITY -THIS ENDORSEMENT CHANGES=THE- POLICY. PLEASE-READ IT CAREFULLY..- - - -- - - - - BLAN'KETADDITIONAL, INSURED--- WRITTEN- -(ARC:HI ECTSENGINEERS- AND. . . . . . . . . . - - - -- - - CONTRACTS T. .. SURVEYORS 'This endorsement modifies insurance provided-under the following: COMMERCIAL-GENERAL LIABILITY COVERAGE PART 1. .The following is added to:SECTION:11. WHO IS plies only-to such."bodily. injury".or "property AN:INSURED. damage"that occurs:before,the,end-of the pe-- - Any person or organization .that.you.agree in a riod of.time.for which-the "written contract re- written contract-requiring insurance" to-:include as quiring insurance requires you -to provide an.additional insured-on-this Coverage.Part,:but; such coverage or the end of the policy period, Whichever is earlier. . a. Only with respect to liability for"bodily injury"; - - - - - - IV- damage"or"personal injury"; and 2. The following is added to Paragraph 4.a. of SEC- TION IV- COMMERCIAL.GENERAL_LIABILITY b. 1f, and only to the extent that, the.injury or CONDITIONS: damage:is- caused by acts-or omissions -of. you or your subcontractor in the performance The .insurance.provided:to-the-additional-insured . . . of "your work" to which the "written contract is excess.over any valid and-collectible 'other.in- requiring insurance" applies. The person or surance", whether primary, excess;-contingent or organization does not:qualify as:an additional on:any-other-basis, that-is available to-the addi- - -- - - insured with respect to the. independent.acts tional insured for a..loss we cover.:However; if you or.omissions of-such person or organization. .specifically agree.in the"written contract requiring insurance" that this insurance provided to the-ad- The insurance-provided to such additional insured- ditional -insured: under this Coverage .Part must is limited as-follows: apply on a primary basis-or a primary and non C In the -event that.:the -Limits of Insurance' 'of contributory basis, this insurance is primary to this Coverage Part shown in the Declarations "other insurance" available to the additional. in-- exceed the limits_ of liability required by.the cured which covers that person.or organization as "written:contract requiring-insurance the in- a named insured for such loss,-and we-will not.. surance provided. to the additional -insured share with that "other insurance". But this insur-- shall be limited.to the limits of liability required- encs provided to the additional insured still is ex-. by-that "written contract_ requiring insurance":. . cess over any valid and collectible 'other insur- This endorsement shall not-increase the limits ance",.whether-primary,.excess, contingent or on - . _ _ _ of-insurance described in:Section_III - Limits -any other basis, that is available=to the additional Of Insurance. insured-=when that person or organization- is an d: :This insurance does-not apply to the render- ing of or failure.-to -render. any "professional 3. The-following is added to SECTION IV — COM- _ services".or.construction management errors MERCIAL GENERAL LIABILITY CONDITIONS: -or omissions. Duties-Of An.Additional'lnsured e. This-insurance does -not apply-to:"bodily in= As a condition .of coverage provided-to.the addi- jury. or-"property damage" caused-by "your tiorian I insured:. : . . . .. . . . work" - -and- .included- .in -the "prod.ucts- completed operations h .hazard"- unless the a• The: additional insured must give us written "written -contract-requiring. insurance" specifi- notice as soon as practicable of an "occur- cally.requires you to:provide such-coverage cence or an offense which .may.result in a for that additional insured, and then the insur claim. To the extent possible, such notice should nc ude: ance provided to.:the additional insured ap- -include: CG D414-04 n . 0.2008 The Travelers Companies, Inc. Page.1.of 2. .:. . . - COIV MERCIAL GENERAL LIABILITY L How, when:and=where the "occurrence' any provider of other insurance which.would or-offense took place; - - - - - - - - :cover the -additional insured for a- loss we ill. The names and addresses of any injured . coves. However, this condition does not affect persons and witnesses; and, whether this insurance-provided. to the addi- iii. The nature and location of-any-injury-or tional insured is primary to that other insur- -- - -- ance available to the additional-insured-which : damage arising out of the "occurrence or . offense: covers that person- or organization:-as -a . named insured.. b. : If a claim is.made or."suit"'is.brought-against - the4 The_following is added-to the DEFINITIONS Sec additional insured; the additional insured_ must: tion:. I. Immediately record: the specifics of:the "Written contract requiring insurance" means.that claim or"suit"and the date received;and part of any written contract or agreement' under - _ iI. Notify us asaoon as practicable. which you are required-to in a-person or or ganization.as an'additional insured on this Cover- -The additional insured must see to it that weage Part,. provided that the -"bodily injury" and . receive-written notice of the claim.or"suit" as "property damage" occurs and the °'personal.in . soon as practicable. jury"is caused by an offense:committed: c.: _The_additional.insured.must immediately send a. After the.sighing-and-execution' of the contract us.copies of all legal papers.received.in con- or agreement by you; nection-withthe claim or"suit",cooperate with b: Vllhile that.part of the contract or agreennent is us in the investigation or settlement:of the i n effect;and claim or defense against:the "suit", and oth .:erwise comply with all policy conditions. = c. -Before the--end-of-the.policy-period: d. The additional- insured-must-tender the de- -fense and indemnity:of any claim or"suit"-to - ab - - Page 2.of 2 0 2008 The-Travelers Companies,:Inc. CG D414 04 08 Ninyo&Moore Geotechnical-& - Insured: . . . Policy-Number: WZP81025302. Effective Date. 05/01/2015: THIS ENDORSEMENT CHANGES THE POLICY: PLEASE READ IT-CAREFULLY. WAIVER OF OUR-RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We-have the right-to recover our payments from anyone liable.for an injury covered:by this policy._ We.will..not -enforce our right against the.person-or organization.:named in the Schedule. (This agreement applies,only-to the. extent.that you..perform work under a-written contract,that requires you_to obtain this=agreemen#from-us:)- . . . . . . . . . . . . . . . . . _ . . . . . . You must maintain payroll records=accurately segregating the remuneration of-your employees while engaged-in the work described'in the.Schedule-. The additional-premium for-this endorsement-shall be %.of the -California:workers':compensation premium otherwise due-on such remuneration: SCHEDULE Person'-or-Organization' ___ -_ Job-Description REF:ALL OPERATIONS OF.THE NAMED-INSURED.SCHEDULE CONTINUED:City.of City of Cupertino Cupertino,its.City Council,boards and-commissions,officers,employees-and volunteers. -10300 Torre Avenue- Cupertino, venue Cupertino,CA 9501.4 Countersigned by Authorized Representative Form WC 04-03 06 (1). Printed in U.S.A. Process Date:: . :. Policy Expiration Date, '