16-047 Ninyo & Moore, Consultant Services for the McClellan Ranch West Parking Lot Improvement ProjectAGREEMENT BETWEEN THE CITY OF CUPERTINO AND NINYO & MOORE FOR
CONSULTANT SERVICES FOR THE McCLELLAN RANCH WEST PARKING LOT
IMPROVEMENT PROJECT
'
THIS AGREEMENT, for reference dated~ l ¥ , 201J.,is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and NINYO &
MOORE, a California corporation, whose address is 2149 O'Toolc A venue, 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, backgroru1d, 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 geotecluucal
services upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the w1dersigned parties
as follows:
1. TERM:
The term of this Agreement shall commence on the date tlus agreement is executed
and shall terminate on Jw1e 30, 2016, wuess 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 tlus reference.
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to tl1e 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 w1der this agreement shall not
exceed Eight Thousand Five Hw1dred Dollars ($ 8,500). The rate of payment is set out in
Exhibit C, titled "Compensation", which is attached hereto and incorporated herein.
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Consultant Agreement
Consultant shall furnish to City a detailed statement of the work performed for
c01npensation 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 ainount, arnount paid to date, percent complete ai1d amount
due.
5. TIME IS OF THE ESSENCE:
Consultant m-1d City agree that time is of the essence regarding the perforn1ai1ce of
this Agreement.
6. STANDARD OF CARE:
Consultai1t agrees to perform all services hereunder in a maimer c01m11ensurate with
the prevailing standards of like professionals in the San Frai1cisco Bay Area and agrees that
all services shall be performed by qualified and experienced personnel who are not
employed by the City nor have ai1y 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 maimer and means of
conducting the work are under the control of Consultai1t, except to the extent they are
limited by statute, rule or regulation ai1d 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 plai1s, 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 Consultai1t.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
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 ai1d hold City harmless from and against ai1y loss, dainage, liability, costs or
expenses arising from any noncompliai1ce of this provision by Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassn1ent 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
constih1te a material breach of this Agreement.
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Consultant Agreement
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all purposes under
this Agreen<ent. 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.
CONSULT ANT: 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 dernands 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 corni1<encement 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:
Statutory coverage as required by the State of California.
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Consultant Agreement
(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
111.inimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury:
Property Damage:
$500,000 each occurrence
$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
has 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 Councit boards and commissions, officers, employees and volunteers
shall be named as an additional insured under all insurance coverages, except <my
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.
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Consultant Agreement
E. SUFFICIENCY OF INSURANCE:
The insurance liinits 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 h·ansferee 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 Agreen1ent.
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.
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Consultant Agreement
17. REPORTS:
A. Each and every report, draft, vwrk 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)
(2)
(3)
(4)
The original Project for which Consultant was hired;
Completion of the original Project by others;
Subsequent additions to the original project; and/or
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
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Consultant Agreern.ent
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.
Tf supplemental exam.ination or audit of the records is necessary due to concerns
raised by City's prelin:unary 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
exam.ination 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
fone 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 term.inate 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 Agreeinent 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.
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Consultant Agree:nent
In the event of termination, Consultant shall deliver to City, copies of all reports,
docurn.ents, and other work performed by Consultant under this Agreernent.
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 Agreern.ent 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.
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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 Agree1nent 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.
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Consultant Agreement
P.O. No.: ·'UJ 1 lo -· sas-
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
NINYO & MOORE ~
By ~C--~
Name Terence K. Wang, PE, GE
Title Principal Engineer
Date April 15, 2016
Tax I.D. No.: 33-0269828
Address: 1956 Webster Street, Ste. 400
Oakland, CA. 94612
Consultant Agreement
CITY OF CUPERTINO
A Municipal Corporation
By ;G,_
? I {Vt1.._ Timm Bord
Date 4 /t CJ fu~
~I
APPROVED AS TO FORM:
Randolph Stevenson Hom, City Attorney
ATTEST:
~Lt
Grace Schmidt, City Clerk V{_ ,,.--~&-{ {_,
Contract Amount $8,500
Account No.: 100-82-806-700-702
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EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the McClellan Ranch West Parking Lot Improvement Project located at 22241 McClellan Rd.,
Cupertino, CA.
SECTION 1. GENERAL
A. General PROJECT Description: The PROJECT involves geotechnical evaluation for the
design and construction of a new, low-impact parking lot. 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 Deparhnent 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, deparhnents or agencies.
3. CONSULT ANT 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 Deparhnent of Public Works Engineering and
City Facilities and Department of Parks and Recreation will review the
docun1ents.
7. CONSULT ANT shall assist the CITY, as requested by the CITY, in connection
with the CITY' s responsibility for filing documents required for the approval of
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Ninyo & Moore Agreement
Geotechnical Evaluation for the McClellan Ranch West
Parking Lot Improvement Project Exhibits
governmental authorities having jurisdiction over the PROJECT, including
submitting to the CITY' s Building Deparhnent for a building permit if required.
C. Estimate of Probable Construction Cost: Not applicable.
SECTION2. 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, if needed. (Fee will be waived.)
5. Drill four (4) borings to depths of up to approximately 5 feet below grade, to evaluate the
subsurface conditions. The borings will be located in the area of the proposed parking
improvements and the emergency access road. A representative of CONSULTANT will log
the subsurface conditions exposed in the borings, and collect bulk and relatively
undisturbed samples for laboratory testing. The borings will be backfilled with drill cuttings
and/or Portland cement grout.
6. Perform two (2) percolation tests to assess the subsurface drainage characteristics.
Percolations test will be performed in two (2) of the boring locations. Each percolation test
will extend to a depth of up to four ( 4) feet.
7. Perform laboratory tests on selected soil samples to evaluate soil moisture and dry density,
soil gradation, Atterberg limits and R-value as appropriate for the subsurface materials
encountered.
8. Compile and analyze the field and laboratory data and the findings from CONSULTANT'S
geologic review to evaluate the following issues as warranted:
a. Subsurface conditions encountered at the site including stratigraphy, depth to
groundwater if encountered, and published historic groundwater depth.
b. Design criteria and structural section designs for permeable and impermeable asphalt
pavements.
c. Subsurface permeability based on the percolation test results.
9. Prepare a short smmnary letter presenting design criteria for the proposed foundations.
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Ninyo & Moore Agreement
Geotechnical Evaluation for the McClellan Ranch West
Parklli.g Lot Improvement Project Exhibits
10. Assmnptions:
a. Encroachment permit, if needed, will be obtained by CONSULTANT. No encroachn1ent
fees will be required. No inspection or application fees for the exploratory boring.
b. Borings will be located more than 50 feet from creek top of bank and will not be within
Santa Clara Valley Water District property or easements. Inspections or application fees
for the exploratory borings will not be required.
c. 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.
d. Subsurface exploration program can be performed in 1/2 day with truck-mounted or
hand equipm~ent. Unforeseen field conditions that impact the execution of the scope of
work described above will be brought to CITY's attention immediately.
e. CONSULTANT will contact Underground Service Alert prior to perfonning 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.
f. A private utility locator will not be required. If directed by CITY, a private utility locator
can be used for an additional fee of $500.
g. Hazardous materials are not anticipated to be encountered during the subsurface
evaluation and cuttings may be disposed of off-site. Should hazardous materials be
encountered or suspected, the work to account for appropriate health and safety
measures, analytical characterization, and additional disposal costs shall be considered
as Additional Services.
h. Pavement section design will be based on typical loading conditions for parking lots and
lightly used access roads. Specific traffic loading frequency analysis is not included in
the scope of services.
i. The proposed improvements (parking and access road) will be located a horizontal
distance from the top of the existing creek bank of more than 300 percent of the creek
bank height. If the improvements are located less than this distance from the creek bank,
traffic surcharge loading and creek bank stability may need to be considered. These can
be performed as Additional Services.
ADDITIONAL SERVICES
Consultant Services beyond the work in the above tasks may be provided by
CONSULT ANT as Additional Services only if such Additional Services are authorized in
writing by the CITY in advance. An Additional Services allowance of ONE THOUSAND
TWO HUNDRED DOLLARS ($ 1,200.00) 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.
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Ninyo & Moore Agreement
Geotechnical Evaluation for the McClellan Ranch West
Parking Lot Improvement Project Exhibits
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULT ANT shall complete all work by June 30, 2016.
A. Maximum Compensation.
EXHIBIT C
COMPENSATION
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the tern1s and conditions of this AGREEMENT. The inaximum_ 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 FIVE HUNDRED DOLLARS($ 8,500). 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 SEVEN THOUSAND THREE HUNDRED DOLLARS
($7,300). The maximum amount of Additional Services authorized under Section G of this
EXHIBIT C is ONE THOUSAND TWO HUNDRED DOLLARS($ 1,200).
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 CONSULT ANT 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.
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Ninyo & Moore Agreement
Geotedmical Evaluation for the McClellan Ranch West
Parking Lot Improvement Project Exhibits
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task Description
Tasks 1 -9: Geotechnical Evaluation
Additional Services
TOTAL
Task
Compensation
$ 7,300
1,200
$ 8,500
CONSULT ANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY.
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Ninyo & Moore Agreement
Geotechnical Evaluation for the McClellan Ranch West
Parking Lot Improvement Project Exhibits
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE
Tasks 1-9
Additional Services
E. Subconsultant Services.
PERCENT OF TASK
COMPENSATION PAID
UPON COMPLETION OI
MILESTONE
100%
Paid Pursuant to
Subsection G below
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 CONSUL TANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULT ANT' s lump sum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" 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 1-9 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 TWO HUNDRED DOLLARS ($ 1,200) 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 paym_ent 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 McClellan Ranch West
Parking Lot Improvement Project Exhibits
Exhibit C-1
& ore~~~SI%iii5
Geotechnica/ and Environmental Sciences Conswltants
SCHEDULE OF FEES
HOURLY CHARGES FOR PERSONNEL
Principal Engineer/Geologist/Environmental Scientist/Certified Industrial Hygienist.. ........................................... $ 195
Senior Engineer/Geologist/Environmental Scientist ............................................................................................... $ 190
Senior Project Engineer/Geologist/Environmental Scientist .................................................................................. $ 185
Project Engineer/Geologist/Environmental Scientist.. ............................................................................................ $ 175
Senior Staff Engineer/Geologist/Environmental Scientist...................................................................................... $ 160
Staff Engineer/Geologist/Environmental Scientist... ............................................................................................... $ 145
GISAnalyst ............................................................................................................................................................. $ 125
Field Operations Manager...................................................................................................................................... $ 125
Supervisory Technician .. . ..... .. .. ... .... . . .. .. .. .. . .. .. ......... ................. ... .. . . .. .. . .. .. .. . .. .... . .... . .. .. ... .. .. . .. . . .. .. . .... .. .. .. . .. . ... . .. . .. ... $ 115
Nondestructive Examination Technician, UT, MT, LP ........................................................................................... $ 109
ACI Concrete Technician ........................................................................................................................................ $ 109
Concrete/Asphalt Batch Plant Inspector ................................................................................................................. $ 109
Special Inspector (Concrete, Masonry, Steel, Welding, and Fireproofing) ............................................................ $ 109
Senior Field/Laboratory Technician ........................................................................................................................ $ 106
Field/Laboratory Technician ................................................................................................................................... $ 103
Technical Hlustrator/CAD Operator ......................................................................................................................... $ 103
Information Specialist.. ............................................................................................................................................ $ 85
GeotechnicartEnvironmental/Laboratory Assistant ................................................................................................ $ 80
Data Processing, Technical Editinq, or Reproduction ............................................................................................ $ 75
OTHER CHARGES
Expert Witness Testimony,........................................................................................................................... $ 400 lhr
PID/FID Usage .............................................................................................................................................. $ 160 /day
Concrete Coring Equipment (includes one technician) ............................................................................... $ 160 /hr
Anchor road test equipment (includes technician) ....................................................................................... $ 150 /hr
Hand Auger Equipment ................................................................................................................................ $ 80 /day
Inclinometer Usage ....................................................................................................................................... $ 50 /hr
Vapor Emission· Kits., .................................................................................................................................... $ 50 /kit
Level D Personal Protective Equipment (per person per day) .................................................................... $ 40 /p/d
Rebar locator (Pachometer) .... . .... ... . ....... ........ ........ .... .... ....... ..... .. .. ......... ...... .... ... . ... .. .......... .... ... ........ ........ $ 40 /hr
Nuclear Density Gauge Usage ..................................................................................................................... $ 25 /hr
Field Vehide Usage ...................................................................................................................................... $ 16 /hr
Direct Project Expenses....................................................................................................................... Cost plus t5 %
Laboratory testing, geophysical equipment, and other special equipment provided upon reauest.
Page 7 of 7
Ninyo & Moore Agreement
Geoteclmical Evaluation for the McClellan Ranch West
Parking Lot Improvement Project Exhibits