20-127 Service Order #10 Cotton Shires for Regnart Rd CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO.
MA Date:Master Agreement Contract #:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact: Ph:
Project Name:
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager:
Fiscal/Budget :
SO Acc't #:PO #:
Project #:Date:
Approvals:
Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature
City Finance:Date:
Encumbrance this Service Order:
MA End Date:
Consultant:
Manager:
Management Analyst
Master Agreement Maximum Compensation:
Master Agreement Unencumbered Balance:
Total Previously Encumbered to Date:
City of Cupertino Master Agreement Service Order 191002
10
2021-005 10/05/2020
60,000.00 06/30/2022
Cotton, Shires & Assoc Inc
330 Village Lane, Los Gatos, CA 95030
John Wallace 408.354.5542
Evelyn Moran
$ 60,000.00
$ 32,146.03
$ 1,700.00
$ 26,153.97
420-99-068 900-905
ST 033.00.02
TBD
10/08/2021
Regnart Road Improvements
n
Oct 11, 2021
Susan Michael Oct 11, 2021
Oct 12, 2021
Northern California Office Central California Office Southern California Office
330 Village Lane 6417 Dogtown Road 699 Hampshire Road, Suite 101
Los Gatos, CA 95030‐7218 San Andreas, CA 95249‐9640 Thousand Oaks, CA 91361‐2352
(408) 354‐5542 • Fax (408) 354‐1852 (209) 736‐4252 • Fax (209) 736‐1212 (805) 370‐8710
www.cottonshires.com
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
October 4, 2021
G5048B
By Email (evelynm@cupertino.org)
Ms. Evelyn Moran, Public Works Project Manager
CITY OF CUPERTINO
10300 Torre Ave
Cupertino, CA 95014
SUBJECT: Proposal for Supplemental Geotechnical Services – Geotechnical Plan
Review
RE: Regnart Road, Hazard Sites #1 and #2
Cupertino, California
Dear Ms. Moran:
Cotton, Shires and Associates, Inc. (CSA) is pleased to provide the City with this
proposal for supplemental geotechnical services. We understand that the City’s
Structural/Civil Consultant MME has submitted 60% drawings for Sites #1 and #2, and
that the City would like CSA to review the drawings for conformance to the
recommendations provided in our February 18, 2020, Geotechnical Investigation report
and in our Supplemental Geotechnical Recommendations letter dated June 22, 2021, both
for Sites #1 and #2, on Regnart Road. We will review the provided 60% plans and
prepare a plan review letter providing comments and documenting conformance to our
recommendations.
We propose to invoice the City for our services monthly, on a time‐and‐expenses
basis in accordance with the attached Schedule of Charges. We estimate that our plan
review fee for the services outlined above will be approximately $1,700, and we propose
to invoice the City for $1,700 without prior written authorization.
Evelyn Moran October 4, 2021
Page 2 G5048B
COTTON, SHIRES AND ASSOCIATES, INC.
We look forward to providing the City with the professional services discussed
above. If you have any questions, or need additional information, please contact us.
Respectfully submitted,
COTTON, SHIRES AND ASSOCIATES, INC.
David T. Schrier
Principal Geotechnical Engineer
GE 2334
DTS:st
Attachment: Schedule of Charges
COTTON, SHIRES AND ASSOCIATES, INC.
SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 1 of 2)
January 2021
Personnel Charges
Senior Principal Engineer/Geophysicist $ 310/hr
Principal Geologist/Engineer $ 260/hr
Supervising Geologist/Engineer $ 215/hr
Senior Geologist/Engineer $ 190/hr
Senior GIS Specialist $ 175/hr
Senior Staff Geologist/Engineer $ 165/hr
Staff Geologist/Engineer $ 150/hr
Field/Laboratory Technician $ 125/hr
Technical Illustrating $ 120/hr
Clerical/Accounting $ 90/hr
Equipment and Supply Charges
Drone System $210/day
Inclinometer System $ 210/day
Piezometer Data Acquisition System $ 105/day
Total Station Surveying Equipment $ 310/day
GPS Surveying Equipment $ 410/day
Nuclear Moisture/Unit Weight Gauge $ 155/day
Rope Climbing Safety Equipment $ 260/day
Multi-Channel Seismograph System and ReMi $ 310/day
Vehicle Mileage (or Current IRS Approved Rate) $ .575/mi
Aircraft Mileage (or Current GSA Approved Rate) $1.21/nmi
Photocopying (B&W-Color) $ .20-.50/copy
Engineering (Large Format) Copier $ .50/ft2
Computer Assisted Color Plotting $ 12/sq. ft.
Expert Witness Consultation Charges
Expert witness testimony for court appearances and binding arbitrations
shall be charged on a daily basis (minimum one-half day increments) at a
rate of $4,120 per day. Deposition testimony shall be charged at a rate of
$515 per hour (minimum one hour charge). Preparation time for
depositions or court appearances shall be charged on a time-and-expense
basis in accordance with the Personnel, Equipment, and Expense charges
listed herein.
Laboratory Testing and Geophysical Service Charges
Laboratory testing and geophysical services shall be charged on a time-
and-materials basis in accordance with the Personnel, Equipment, and
Expense charges listed herein.
Laboratory samples shall be stored for 60 days after the date of final
report submittal unless special arrangements are made for longer
storage.
Expense Charges (Receipted Costs Plus 15%)
•Travel expenses including air fare, lodging, vehicle rental, etc.
(either actual receipted costs plus 15% for meals or a flat
subsistence charge of $72 per diem for overnight stay shall be
charged in addition to the lodging cost)
•Excavation subcontractors and expendable field supplies
•Reproduction of drawings
•Film, film development, and photograph printing
•Special fees, permits, insurance, etc.
•Conference call telephone costs
•Special mail service (air, electronic, courier, etc.)
•Special equipment rental
•Special consultant fees
Limitations and Terms for Professional Services
AGREEMENT – This Schedule of Charges, Limitations and Terms for Professional Services as an attachment to a signed Proposal or Client Contract
constitutes an “Agreement” between COTTON, SHIRES AND ASSOCIATES, INC. (CSA) and the Client. Client has authorized commencement of the
work under this Agreement by signing the “Approved by” section of the Proposal or Contract. The Agreement is hereby incorporated and made part
of the Contract between the parties. In consideration of the mutual Agreement set forth herein and intending to be legally bound, the parties hereto
agree as to the following:
Invoicing and Payment – Client shall pay CSA compensation as outlined in the Proposal or at the rates determined in the above Schedule of
Charges and according to the payment terms below. Invoices may be prepared and submitted by CSA on a monthly basis or when the work is
completed, at CSA’s option. Payment is due upon receipt and is past due thirty (30) days from date of invoice. A service charge of 1.5% per month,
or the maximum amount allowed by law, will be charged on past due accounts. Payments by Client will thereafter be applied first to accrued interest
and then to the principal unpaid balance. Any attorney fees, court costs, or other costs incurred in collection of delinquent accounts shall be paid by
the Client. If payment of invoices is not current, CSA may suspend performing further work at no liability to CSA.
Relationship between CSA and Client – CSA is retained by the Client to investigate and to consult with the Client regarding the Project, as
defined in the Proposal. Client shall provide CSA in writing with all information relevant to the Project and shall advise CSA of any condition known
to Client that may affect CSA’s performance under this Agreement. CSA’s services are for the benefit of the Client, but Client recognizes that the
extent of those services is limited by the time-frame chosen and the funds expended by the Client for the investigation. CSA has no responsibility for
the work product of any independent consultants required for the Client’s Project, nor for completeness, adequacy, or quality of said independent
consultants’ work, or specialty work.
Information Provided by Client – CSA and the Client shall discuss and agree upon the information needed for rendering of services
hereunder. The Client agrees to provide to CSA all such information as agreed to be necessary. With respect to such information, the Client
understands and agrees that CSA will rely solely upon the Client to ensure the accuracy and completeness thereof, as the Client recognizes that it is
impossible for CSA to assure the accuracy, completeness and sufficiency of such information.
Ownership of Documents and Proprietary Information – This proposal and all documents, including, but not limited to, drawings,
specifications, computer disks, reports, calculations, and estimates, prepared by CSA in connection with this Agreement (“CSA Confidential
Information”) are instruments of service and are intended for the sold use of the recipient hereof, and may not, except as otherwise described herein,
be disclosed, distributed, or disseminated in any form without the prior written consent of CSA. The CSA Confidential Information is and shall
remain the sole property of CSA. Client may distribute documents generated by CSA in connection with CSA’s services under this Agreement to
third parties, provided that said third party agrees in writing to be bound by the confidentiality and ownership of documents provisions of this
Agreement. The terms of this Section shall survive the termination of this Agreement.
CSA SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 2 of 2)
Public Liability -- COTTON, SHIRES AND ASSOCIATES, INC. is a 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 directed by 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.
Standard of Care and Professional Liability -- In performing professional services, CSA shall use that degree of care and skill ordinarily
exercised under similar circumstances by members of our profession at the time the services are performed. No other representation or warranty,
express or implied, is made or intended in this Agreement, by our proposal for consulting services, by our furnishing oral opinion 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, client agrees 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.
Notices -- All notices in writing to be given hereunder by either party to the other party shall be served by letter or sent by facsimile.
Assignment -- Neither this agreement nor the benefits or obligations under this Agreement shall be sold, assigned or transferred by either
party to any third parties including subsidiary or affiliated companies without the prior written approval of the other party, with such approval not
to be unreasonably withheld by either. In the event the approval is given by either for assignment or transfer, such an approval shall not relieve
either from any liability and/or responsibility under the Agreement.
Termination/Cancellation -- Client and CSA will have the right to terminate this Agreement for their convenience by giving ten (10) days
prior written notice. After termination, CSA will be reimbursed for services rendered and necessary expenses incurred to the termination date upon
submission to Client of detailed supporting invoices. The obligations of paragraphs 3, 4, and 6 remain in effect after termination.
Change in Scope of Work -- If, during the performance of the work under this Agreement, it is determined that the scope of work has
expanded or changed such that additional expenditures are required, the client shall be notified and approval from the client shall be received prior to
the performance of the additional services.
Dispute Resolution -- CSA and Client recognize that disputes arising under this Agreement are best resolved at the working level by the
parties directly involved. Both parties are encouraged to be imaginative in designing mechanism and procedures to resolve disputes at this level.
Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party’s organization for
resolution. Failing resolution of conflicts at the organizational level, CSA and Client agree that any remaining conflicts arising out of or relating to
this Agreement shall be submitted to non-binding mediation unless CSA and Client mutually agree otherwise. If the dispute is not resolved through
non-binding mediation, then the parties may take other appropriate action subject to the other terms of this Agreement. Neither party shall hold the
other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the reasonable
control of the other party, its employees or agents. Should litigation or arbitration occur between the parties relating to the provisions of this
Agreement, all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorneys’ fees reasonably incurred by the
prevailing party shall be paid by the non-prevailing party.
Governing Law -- The validity, performance, and construction of this Agreement, and the relationship between Client and CSA shall be
governed and interpreted in accordance with the substantive laws of California, United States of America, without regard to its choice of law rules.
This Agreement shall be construed as to its fair and not strictly for or against either party.
Jobsite Safety – Neither the professional activities of CSA, nor the presence of CSA employees and CSA subconsultants at a construction
site, shall relieve the contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means,
methods, sequence, techniques or procedures necessary for performing, superintending or coordinating all portions of the Work of construction in
accordance with the contract documents and any health of safety precautions required by any regulatory agencies. CSA and its personnel have no
authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or
safety precautions. The Client agrees that the general contractor and its various subcontractors are solely responsible for jobsite safety, and warrants
that this intent shall be made evident where appropriate in the Client’s agreements with other contractors. If the Client is a Contractor or
Subcontractor on the Project, the Client also agrees that the Client, CSA, and CSA’s consultants shall be indemnified and shall be made additional
insureds under the client’s general liability insurance policy; in other cases, the Client agrees to arrange for this indemnification and additional
insureds under the General Contractor’s general liability insurance policy.
Field Exploration -- Unless otherwise agreed, the client shall furnish right-of-entry on land for planned field operations. The client shall
also provide CSA with locations and depths of buried utilities and structures. CSA shall 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. CSA shall not be liable
for damage or 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.
Miscellaneous – In the event of any litigation or proceeding involving CSA and Client, the prevailing party shall be entitled to recover its
reasonable legal fees, expert fees, and normal employee rates and associated costs from the non-prevailing party. Failure by Client to object to any of
the terms and conditions contained in this Agreement before the commencement of services by CSA will be deemed an acceptance of such terms and
conditions. Notwithstanding anything to the contrary in this Agreement, CSA and Client agree that neither party shall be liable for any special,
indirect, consequential, lost profits, or punitive damages. If any term, condition, or provision of this Agreement is found unenforceable by a court of
law or equity, this Agreement shall be construed as though that term, condition, or provision did not exist, and its unenforceability shall have no
effect whatsoever on the rest of this Agreement.
Service Order #10 Cotton Shires for Regnart
Road Site 1_2 plan Review
Final Audit Report 2021-10-12
Created:2021-10-11
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAN7WHpSzgT8Oo4aLqnpKL-I4BUlE_TTcj
"Service Order #10 Cotton Shires for Regnart Road Site 1_2 pla
n Review" History
Document created by Julia Kinst (juliak@cupertino.org)
2021-10-11 - 6:21:22 PM GMT- IP address: 216.198.111.214
Document emailed to John Wallace (jwallace@cottonshires.com) for signature
2021-10-11 - 6:22:20 PM GMT
Email sent to evelynm@kompan.com bounced and could not be delivered
2021-10-11 - 6:22:35 PM GMT
Email viewed by John Wallace (jwallace@cottonshires.com)
2021-10-11 - 7:00:40 PM GMT- IP address: 174.194.144.149
Document e-signed by John Wallace (jwallace@cottonshires.com)
Signature Date: 2021-10-11 - 11:05:32 PM GMT - Time Source: server- IP address: 73.231.68.130
Document emailed to Susan Michael (susanm@cupertino.org) for signature
2021-10-11 - 11:05:33 PM GMT
Email viewed by Susan Michael (susanm@cupertino.org)
2021-10-12 - 1:34:55 AM GMT- IP address: 104.47.44.254
Document e-signed by Susan Michael (susanm@cupertino.org)
Signature Date: 2021-10-12 - 1:35:24 AM GMT - Time Source: server- IP address: 73.223.82.69
Document emailed to Julia Kinst (juliak@cupertino.org) for signature
2021-10-12 - 1:35:26 AM GMT
Document e-signed by Julia Kinst (juliak@cupertino.org)
Signature Date: 2021-10-12 - 2:28:03 PM GMT - Time Source: server- IP address: 216.198.111.214
Agreement completed.
2021-10-12 - 2:28:03 PM GMT