01-080 Cotton, Shires & Assoc~, ~~_ o~~
~~' '
-~i11
CITY OF
CUPE~T1Nfl
AGREE~:MENT
CITY OF CIUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3200
J~ ~~.3
NO. ~~'.s ~~a
PUBLIC W4RK~
~ C' .I„ ~ '~ ~DII~
BY THIS AGREEMENT, made and entered into on the 12th day of October , 20 O1 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to pis CITY) and
Name (1) Cotton, Shires & Associates _ (2)
Address 330 Village Lane City Los Gatos Zip 95030 Phone (408) 354-5542
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
On-site grading inspection & plan review
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Proposal attachE,d as Eyhibit !~
TERMS: The services and/or materials furnished under this Agreement shall commence on October 12, 2001
and shall be completed before April 15, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to exceed $10,000.00
California Labor Code, Section 1771 requires the payment of prevail ng 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.
Insurance: Should the City require evidence of insurability, Contractor shall file with Ciry 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 3ason Chou
DEPARTMENT Public Works
This Agreement shall become effective upon its execution by f;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
Co+tav~ f ~ ifr@t yt^~ ~-ssocia~r~ ~'^c.
ay ~~
Title P~+~:"~!` O. ~~+~Yes Vice PYcrr'~c~r}
Soc. Sec. # _ ~
APPROVALS
CITY OF CUPERTINO:
E;y Carmen Lynau h r~~ti;~ '
Title P•`~• Project Manager t y
EXPENDITURE ISTRIBUTIO v
EPA ` ~1
' ACCOUNT NUMBER A
~
(~
CITY LERK DATE
lo- lq-d l 2i0-9612-7014 $10,000.00
White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department
COTTON, SHIRES & ASSOCIA'T'ES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
October 10, 2001
00051
I'UB~IC WORKS
TO : Jason Chou
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, California 95014
SUBJECT : Cost Estimate for Geologic Sf~rvices
RE : On-Call Grading Inspections
Winter 2001/2002
At your request, we are providing you with this cost estimate for geologic
services for providing on-call inspection services throughout the winter of 2001 /2002. It
is our understanding that you are interested in retaining Cotton, Shires and Associates
(CSA) with an up-front retainer to provide on-call grading inspection and evaluation
services for properties currently being developed. CSA will be able to provide the City
with immediate response to emergency situa1:ions, as needed, and provide evaluations of
grading projects currently under construction. The following Scope of Work can be
anticipated as part of our on-call services:
SCOPE OF WORK
1. Document Review - We will obtain and review all recent development
plans, winterization plans, and/or ge~~technical reports relating to the project
construction.
2. Inspections - We will perform site inspections for the purpose of
characterizing the current site conditions.
3. Analysis - We will evaluate the geologic and geotechnical information from
our office files and from the field inspections.
4. Revoi~-tine - We will write a geologic review report summarizing the results of
our geologic evaluation and providing recommendations for additional work,
as neeed.
5. Ongoing Inspections -For sites that require monitoring throughout the
winter, we will perform inspections of the winterization implementation and
inspections of the performance of t]Ze winterization measures, as needed,
during the winter rainy season.
6. Consultation - We will summarize our inspection results with inspection
reports and/or phone consultations v~ith the City of Cupertino.
Northern California Office Southern California Office
330 Village Lane 5245 Avenida Encinas • Suite A
Los Gatos, CA 95030-7218 Carlsbad, CA 92008-4374
(408) 354-5542 • Fax (408) 354-1852 (760) 931-2700 • Fax: (760) 931-1020
e-mail: losgatosQcottonshires.com www.cottonshires.com a-mail: carlsbadQcottonshires.com
Jason Chou
Page 2
Schedule
October 10, 2001
00051
Non-emergency projects will typicall~,~ be completed within 10 working days or
less. Emergency situations will typically be addressed by immediate (within 24 hours)
field inspections by CSA staff and consultation with the City.
Fee
We propose to bill you for our services on a time-and-expenses basis in
accordance with the attached Schedule of Charges for a total not-to-exceed amount of
$10,000. We will invoice you on a monthly basis for a total not-to-exceed amount of
$10,000 without prior authorization.
Agreement
If you agree with the Scope of Work, Schedule, and Fee outlined above, as well a s
the attached Schedule of Charges, Limitations, and Terms, please sign one copy of this
proposal and return it to our office. Rece:~pt of the signed proposal will constitute
authorization for us to proceed in an on-call capacity.
We look forward to providing you with the professional services discussed
above. If you have any questions, or need additional information, please contact us.
Very truly yours,
COTTCiN, SHIRES, AND ASSOCIATES, INC.
~V
Wil ram R. Co to
President
Approved and Authorized By Date
ReviewE~d by: 1 l-
M. Wallace
WRC:JMW:st
COTTON, SHIRES & ASSOCIATES, INC.
COTTON. SHIRES ANp ASSOCIAT S_ iNC
SCHEDULE CtF CHAR .FS
January 2001
Personnel Charges Expert Witness Consultation
Principal Geologist/Engineer ,-_ Expert witness testimony for court appearances and binding
--"""---'-"""-' arbitration will be char ed on a dail base minimum one da
Managing Geologist/Engineer ,----_- ~ ~ ~~~ ~~` increments) at a rateof $3,600 per day. yDeposition testimony will be
---------------
Supervising Geologist /Engineer _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ ~ i Zp ~ ~_ charged at a rate of $450 per hour (minimum one hour charge).
Preparation time for depositions or court appearances will be charged on
Senior Geologist/Engineer _ _ _ _ _ - - - _ _ _ i atime-and-expense basis in accordance with the Personnel, Equipment,
Senior Staff Geologist/Engineer 1qC~ ~ ~2' and Expense charges listed herein.
Staff Geologist/ Engineer _ _ _ - _ _ _ ~} ~S/~}uz,,. Laboratory Testing Charge
-------------------
Field/Laboratory Technician
Technical Illustrating - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Laboratory testing will be charged on atime-and-materials
Clerical/Accountin basis in accordance with the Personnel, Equipment, and Expense
g ------------------------------ charges listed herein.
Equipment and Supply haroat
Multichannel Seismograph System _ _ _ __ _ _ _ _ _ _ _ _ _ _ _ _ _
Inclinometer System -- _ _ _ _ _
Laser Level Surveying Equipment _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Nuclear Moisture /Density Gauge _ _ _ - _ _
-------------
Total Station Surveying Equipment,_________________
PenMap Computer Mapping Equipment _ _ _ _ _ _
Velocity Meter and AquaCalc Computer , _ _ _ _ _ _ _ _ _ _ _ _
Suspended and Bed Load Sampling Equipment , _ _ _ _ _ _
Vehicle
Photocopying ___-___--
Engineering Copier -------------------------•-----
ComputerAssistedPlotting ____________________
Limitations and Ter,nc
Laboratory samples will be stored for 60 days after the date of
final report submittal unless special arrangements are made for longer
$25C/day storage.
$ 100/day Geophy, ica! Service Charge
$100/day Geophysical services will be charged on atime-and-materials
$100/day basis in accordance with the Personnel, Equipment and Expense
$ 200/day charges listed herein.
$150/day
$100/day Expense Charges (Cott Ph,c ~5%t
$100/day Travel expenses including air fare, lodging. vehicle rental, etc. (a
$ .40/mi flat subsistence charge of $40 per diem for overnight stay will be
$ .15/copy charged in addition to the lodging cost)
2
`~/ft
$ Excavation subcontractors and expendable field supplies
• Reproduction of drawings
$10/sq. ft. Film, film development, and photograph printing
• Special tees, permits, insurance, etc.
• Long distance telephone costs
• Special equipment rental
• Special mail service (air, electronic, courier, etc.)
• Special consultant fees
Public Liability -- COTTON, SHIRES AND ASSOCIATES, INC. is +~ California Corporation protected by Worker's Compensation Insurance
(and/or Employer's Liability Insurance), and by Public Liability Insurance for bodily injury and property damage, and will furnish certificates thereof
upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities
upon us or requires further insurance coverage, we, if specifically duetted b!~ you, will procure additional insurance (if procurable) to protect us at
your expense, but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of
our insurance..
Professional Liability - In performing our professional services, we will use that degree of care and skill ordinarily exercised under similar
circumstances by members of our profession. No warranty, express or implied, is made or intended by our proposal for consulting services, by our
furnishing oral or written reports, or by our inspection or work However, should we or any of our professional employees be found to have been
negligent in the performance of professional services or to have made and breached any express or implied warranty, you agree that the maximum
aggregate amount of your recovery against us and/or said professional employees shall be limited to $50,000 or the amount of the fee paid us for
professional services as computed under the SCHEDULE OF CHARGES, whichever amount is greater. Moreover, you agree to indemnify us against
damages in excess of $50,000 or the amount of our fee, whichever amount is greater, arising from suits brought against us by third parties, in
connection with our work performed on your project. In the event the client makes a claim or brings an action against us for any act arising out of
our professional services, and the client fails to prove such a claim or action, t:~e client shall pay all legal and other costs incurred by us in defense of
such a claim or action.
Field Exploration -- Unless otherwise agreed, the client will furnish right-of-entry on land for planned field operations. The client will.also
provide us with locations and depths of buried utilities and structures. We will take responsible precautions to minimize damage to land from use of
equipment, but our fee does not include cost of restoration of damage resulting from our exploration operations. We will not be liable for damage Q
injury arising from damage to subterranean structures (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown
on plans furnished to us.
Pa m n -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 if paid on or before the thirtieth day following the date of the invoice. If payment is not so made,
interest will be due on the amount of the invoices at the rate of 1.5 percent for. each month of delinquency. If suit is filed, a reasonable attorney's fee,
to be set by the court, shall be included in any judgment in our favor.
COTTON, SHIRES & ASSOCIATES, INC.