Loading...
13-105 Ninyo and Moore, Consulting Service for soil testing at Stocklmeir Parcel CITY OF I/ AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue 032997 Cupertino, CA 95014 CUPERTINO 408-777-3200 NO. THIS AGREEMENT, made and entered into this 12th day of July 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Ninyo and Moore, 1956 Webster Street, Suite 400, Oakland, CA 94612, 510-633-5640, klarson @ninyoandmoore.com, (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: soil testing consultant services. Check box if services are further described in an Exhibit. x EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Scope. TERM: The services and/or materials furnished under this Agreement shall commence on July 12, 2013, and shall be completed no later than October 30, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed $3,000.00 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 shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 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. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page 1 of 4 Ninyo &Moore—City of Cupertino Agmt. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: 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 (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person. Page 2 of 4 Ninyo & Moore—City of Cupertino Agmt. 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. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: Gail Seeds DEPARTMENT: Public Works This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this A• -ement the day and year first written above. CONT C OR'' CITY OF C PERTINO: By �; By Title_Principal 6 12-6 l o`U c 5't Title: Park Restoration & Improvement Manager APPROVALS EXPENDITURE DISTRIBUTION DEP T ATE _ • ► ► u: uRC•11P►�i e "AR EAD —7//6// -3 - 427-9134-9300 $3,000.00 C A'' D AS FORM DATE I 1. 3 1. CI CLERK: ATTE DATE Page 3 of 4 Ninyo & Moore—City of Cupertino Agmt. EXHIBIT A Task 1 Consultant proposes to collect soil at the Stocklmeir parcel in order to evaluate potential contaminants. The questionable soil has the appearance of an old leak or drip. The soil will be collected using hand tools or equipment as needed, under the supervision of Consultant, per applicable protocols, and include all suspected material. Soil will be placed into a drum that is provided by Consultant and sealed. Task 2 Consultant will select soil samples and arrange for testing of the soil by a certified analytical laboratory. Consultant will arrange delivery of samples to the lab and provide test results to City. Consultant will prepare and provide all documentation as needed for chain of custody and as required for all regulatory requirements. Task 3 After testing, Consultant will arrange for pickup of the drum of soil and its disposal off site in a safe and legal manner, such disposal to be based upon the testing results. Consultant will coordinate and provide all documentation as needed, and provide copies to the City. Task 4 Prepare a short report. The report will include a brief description, a brief discussion of the sampling, a summary of the results, an appendix containing the laboratory analytical report, and chain-of-custody documentation as applicable. Upon finalizing the report, provide one original unbound hard copy and one electronic copy to City. Fees include all vehicle usage, supplies, equipment, materials, travel, testing, disposal, and reimbursable and incidental expenses. TOTAL CONTRACT FEE for services described above: Lump Sum Not To Exceed $3,000.00 Consultant Staff assigned to the project shall be: Mr. Kristopher Larson, Technical Advisor, Principal Geologist Mr. Cem Atabek, Project Engineer Schedule: Collection of soil shall occur within 48 hours of receiving a notice to proceed. All work described herein is to be completed within 3 weeks o f receiving a notice to proceed. Page 4 of 4 Ninyo & Moore—City of Cupertino Agmt. Client#: 704 NINYOMOORI ACORDTM CERTIFICATE OF LIABILITY INSURANCE 4/25/2013 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 -- 510 465-3090 Christine Silan INSURERS AFFORDING COVERAGE INSURED INSURER A: Travelers Property Casualty Co Ninyo&Moore Geotechnical& INSURER B: American Automobile Ins.Co. Environmental Sciences Consultants INSURER C: Alterra Excess&Surplus Insura 1956 Webster Street, Suite 400 INSURER D: Oakland,CA 94612 INSURER E: COVERAGES 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,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DD/YY) A GENERAL LIABILITY 6308986R247 10/03/12 10/03/13 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $1,000,000 CLAIMS MADE X OCCUR MED EXP(Any one person) $10,000 X Contractual PERSONAL&ADV INJURY $1,000,000 X OCP GENERAL AGGREGATE $2,000,000 _GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 —I POLICY X Cr jEO X LOC _ A AUTOMOBILE LIABILITY 8108986R247 10'03/12 10/03/13 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGO $ A EXCESS LIABILITY CUP8986R247 10103/12 10/03/13 EACH OCCURRENCE $9,000,000 X OCCUR CLAIMS MADE AGGREGATE $9,000,000 DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WZP81009371 05/01/13 05/01/14 X WC STATU- OTH- EMPLOYERS'LIABILITY TORY LIMITS ER E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 _ E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional MAX7PL0000506 10)03/12 04/03/14 $5,000,000 per Claim &Contractor's $5,000,000 Annl Aggr. Pollution Liab. _ DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS 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 and their affiliates,directors,officers,officials, partners, representatives,employees, consultants,subconsultants and agents. Insurance is primary per policy form.Waiver of Subrogation applies to Commercial General Liability,Automobile Liability and Workers Compensation Coverage. CERTIFICATE HOLDER ADDONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN Attn:Gail Seeds NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT,BUT FAILURE TO DO SOSH ALL 10300 Torre Avenue IM POSE NO OB LIGATION OR LIAB ILITY OF ANY KIND UPON THE INSURE R,ITS AGENTS OR Cupertino,CA 95014-0000 _REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 1 #S593573/M583278 DAC © ACORD CORPORATION 1988 Insured: Ninyo&Moore Geotechnical& Policy Number: WZP81009371 Effective Date: 05/01/13 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 agreement 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.City of Cupertino and their affiliates, City of Cupertino directors,officers,officials,partners,representatives,employees,consultants, Attn:Gail Seeds subconsultants and agents. 10300 Torre Avenue Cupertino,CA 95014-0000 Countersigned by 44'44 6'4' Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: POLICY NUMBER: 6308986R247 COMMERCIAL GENERAL LIABILITY ISSUE DATE: 10/03/12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED _WRITTEN CONTRACT (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of Cupertino Attn:Gail Seeds 10300 Torre Avenue Cupertino,CA 95014-0000 PROJECT/LOCATION OF COVERED OPERATIONS: NAME OF ADDITIONAL INSURED PERSON(S)OR ORGANIZATION(S)CONT.:City of Cupertino and their affiliates,directors,officers, officials,partners,representatives,employees,consultants,subconsultants and agents. PROVISIONS surance provided to the additional insured 1. The following is added to SECTION II - WHO IS shall be limited to the limits of liability required AN INSURED: by that "written contract requiring insurance". This endorsement shall not increase the limits The person or organization shown in the Sched- of Insurance described in Section III—Limits Of ule above is an additional insured on this Cover- Insurance. age Part, but: d. This insurance does not apply to the render- a. Only with respect to liability for"bodily injury", ing of or failure to render any "professional "property damage"or"personal injury"; and services" or construction management errors or omissions. b. If, and only to the extent that, the injury or damage is caused by acts or omissions of e. This insurance does not apply to "bodily in you or your subcontractor in the performance jury" or "property damage" caused by "your of "your work" to which the "written contract work" and included in the "products- requiring insurance" applies. The person or completed operations hazard" unless the organization does not qualify as an additional "written contract requiring insurance" specifi- insured with respect to the independent acts cally requires you to provide such coverage or omissions of such person or organization. for that additional insured, and then the insur- ance provided to that additional insured ap- The insurance provided to such additional plies only to such "bodily injury" or "property insured is limited as follows: damage" that occurs before the end of the pe riod of time for which the "written contract re- c. In the event that the Limits of Insurance of quiring insurance" requires you to provide this Coverage Part shown in the Declarations such coverage or the end of the policy exceed the limits of liability required by the period, whichever is earlier. "written contract requiring insurance", the in- CG D4 16 0508 ©2008 The Travelers Companies,Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY 2. The following is added to Paragraph 4.a. of SEC- b. If a claim is made or"suit" is brought against TION IV-COMMERCIAL GENERAL LIABILITY the additional insured, the additional insured CONDITIONS: must: The insurance provided to the additional insured i. Immediately record the specifics of the shown in the Schedule above is excess over any claim or"suit" and the date received; and valid and collectible "other insurance", whether primary, excess, contingent or on any other ii. Notify us as soon as practicable. basis, that is available to the additional insured The additional insured must see to it that we for a loss we cover. However, if you specifically receive written notice of the claim or"suit" as agree in the "written contract requiring insurance" soon as practicable. that this insurance provided to the additional insured under this Coverage Part must apply on c. The additional insured must immediately a primary basis or a primary and non-contributory send us copies of all legal papers received in basis, this insurance is primary to "other connection with the claim or"suit", cooperate insurance" available to the additional insured with us in the investigation or settlement of which covers that person or organization as a the claim or defense against the "suit", and named insured for such loss, and we will not otherwise comply with all policy conditions. share with that "other insurance". But this insurance provided to the additional insured still d. The additional insured must tender the de- is excess over any valid and collectible "other fense and indemnity of any claim or "suit" to insurance", whether primary, excess, contingent any provider of other insurance which would or on any other basis, that is available to the cover the additional insured for a loss we additional insured when that person or or- cover. However, this condition does not affect ganization is an additional insured under any whether this insurance provided to the addi- "other insurance". tional insured is primary to that other insur- ance available to the additional insured which 3. The following is added to SECTION IV — COM- covers that person or organization as a MERCIAL GENERAL LIABILITY CONDITIONS: named insured. Duties Of An Additional Insured 4. The following is added to the DEFINITIONS Sec- tion: As a condition of coverage provided to the addi- tional insured: "Written contract requiring insurance" means that part of any written contract or agreement with the The additional insured must give us written person or organization shown in the Schedule notice as soon as practicable of an "occur- above, under which you are required to include rence" or an offense which may result in a that person or organization as an additional in- claim. To the extent possible, such notice sured on this Coverage Part, provided that the should include: "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense i. How, when and where the "occurrence" committed: or offense took place; a. After the signing and execution of the ii. The names and addresses of any injured contract or agreement by you; persons and witnesses; and b. While that part of the contract or agree- iii. The nature and location of any injury or ment is in effect; and damage arising out of the "occurrence" or offense. c. Before the end of the policy period. Page 2 of 2 ©2008 The Travelers Companies,Inc. CG D4 16 0508