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00-051 Cleary Consultants~~~~~~ ~'"~'~GREEMENT ~. ~~ ~~ ~ ` ' CITY OF CIJPERTINO .~ 10300 Torre Avenue C(TY (}~ Cupertino, CA 95014 CI~PE TINC~ ~ I d ~ (408 ~~~-3200 ~. v BY THIS AGREEMENT, m an entered into on the by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1)(:T,F.ARY rnNsTTwTS, INS _ (2) Address 900 N. SAN ANTONIO ROAD City LOS ~~LTOS Zip 94022 Phone 5650) 948-0574 (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: SOIL ENGINEERING SERVICES DURING CONSTRUCTION OF STEVENS CANYON ROAD WIDENING PROJECT EXHIBITS: The following attached exhibits hereby are made part of I:his Agreement: EXHIBIT "A" PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall commence on AUGUST 1, 2000 and shall be completed before OCTOBER 31, 2000 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $17,400.00 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 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 City 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 sf•lall be: NAME CARMEN LYNAUGH DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by ~~ITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: E3y Title Sri Sicl~~4-~ ~~r~et~-~.z~y ~ APPROY~LS~ CITY OF UPERTINO: E3y l~itle PUBLIC WORKS PR CT AGER ~ E:XPENDITURE DISTRIBUTION DEPART E DAT~^, `!~ P.000UNT NUMBER - AMOUNT ( [ j~ CITY C FiK DAT ~~Y ~ 7 ao l OOH ~+20-9430-9301 $17, 400.00 NO. Q~ ,(;~' I ~~~~ day of , 20 , White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department ~XXHIBIT ~ cc ~CLEARY CONSULTANI~S, INC. Geotechnlca/ Eng/neers and Geo/og/sts Mr. Hermie Bacus, Assistant Engineer City of Cupertino, Public Works Department 10300 Torre Avenue Cupertino, CA 95014 ~~ ~~ ~ ~ ~~ec~~~b July 5, 2000 Ser. 7556 RE: PROPOSAL FOR SOIL ENGINEERII`1G SERVICES DURING CONSTRUCTION STEVENS CANYON ROAD WIDENIr1G CITY OF CUPERTINO CUPERTINO, CALIFORNIA Dear Mr. Bacus: Introduction As you requested, we are submitting this proposal to provide soil engineering observation and testing services for the planned widening of Stevens Canyon Road between Balboa Road and the entrance to Stevens Creek County Park in Cupertino, California. Our geotechnical investigation report dated June 2, 2000, provided recommendations for proposed wall foundations, lateral earth pressures, site grading and the new roadway section. The plans for the project were prepared by Brian Kangas Foulk dated June, 2000. As a basis for this proposal, we have discussed the project with Mr. Mike Meyer of Brian Kangas Foulk. We understand that the majority of the roadway widening will be accomplished by extending the pavement area outward along the downhill (south) side of the road. Concrete poured-in- place walls (or crib walls, as an alternative) up to 2E- feet in height are planned to support the fill material required to widen the roadway in this area. Widening near Balboa Road will require that the existing slope on the north side of Stevens Canyon Road be cut back and supported with a concrete block retaining wall up to nine feet in Height. The slope on the north side of Stevens Canyon Road opposite Ricardo Road will be re-graded to an approximate 2:1 (horizontal to 900 N. SAN ANTONIO ROAD LOS ALTOS, CALIFOi4NlA 94022 (850) 948-0574 FAX (850) 948-7761 e-mail: clearycon:sultants~att.net Mr. Hermie Bacus, Assistant Engineer City of Cupertino, Public Works Department July 5, 2000 Page 2 vertical) slope. A concrete v-ditch is planned to provide drainage above the concrete block retaining wall near Balboa Road. We understand that it is planned to remove and dispose of the existing AC and base from Stevens Canyon Road; new materials will be used for the roadway construction. Also, a new culvert crossing under Stevens Canyon Road will be con:;tructed approximately 250 feet west of the park entrance. Scope of ;services Based on the proposed construction described ~~bove, our scope of services for the widening project would include observation of foundation excavations, slope grading, wall backfill compaction, utility trench backfill compaction, sul~grade preparation and baserock compaction for new roadway, sidewalk, concrete v-ditch and energy dissipator areas, and wall backdrain installation. We understand that the project duration will last approximately 90 days. Specific details of the contractor's schedule to c~~mplete the various phases of the work are not known, therefore we propose to provide our services on an hourly, time and materials basis. The scope of our services will include full time to intermittent on-site observations and field density testing (rough estimate of required man-days in parentheses) as required for the following: 1. Observation of wall footing excavations (3.0 MD) 2. Wall backfill compaction for road widening (10.0 MD) 3. Roadway, sidewalk, concrete v-ditch rind energy dissipator subgrade preparation and baserock compaction (10.0 MD) 4. Wall backdrain installation (1.0 MD) 5. Utility trench backfill compaction (2.(1 MD) 6. Slope grading (3.0 MD) CLEARY CONSULTANTS, INC. Mr. Hermie Bacus, Assistant Engineer City of Cupertino, Public Works Department July 5, 2000 Page 3 Arrangements Our field observation services including office supervision, and the necessary office and laboratory work, will be provided in accordance with the terms and rates of our Schedule of Fees and Conditions presented on the reverse side of the last page of this proposal. Usually, the cost of our services on the basis of fizll-time observation and testing during a normal eight-hour work day would be about $600 per day, $300 per half-day, and $120 minimum per site visit. These estimates include field and office supervision and laboratory testing. Consultations and report preparation are billed in addition at the appropriate hourly rate. We project that we will be required on-site during the widening project for approximately 29 man-days. The estimated total cost of our services is approximately $17,400. Our billings would be submitted monthly or upon completion of those phases of the work involving our services. This budget is based on the estimated time periods to complete the work as presented above. Delays due to inclement weather, construction periods longer or shorter than those estimated, or reinspection/retesting of unsatisfactory work could result in an increase or decrease of our costs accordingly. All services rendered by us consist of professional opinions and recommendations made in accordance with generally accepted soil and foundation engineering principles and practices. This warranty is in lieu of all other warranties, either expressed or implied. Under no circumstances is it our intent to directly control the physical activities of the contractor or the contractor's workmen's accomplishment of work on this project. The presence of our field representative at the site is to provide the City v~~ith a continuing source of professional advice, opinions, and recommendations based on the field representative's observation of the contractor's work and does not include any superintending, supervision, or direction of the actual work of the contractor or the contractor's workmen. Any construction review of the contractor's performance conducted by us is not intended to include and does not include review of the adequacy of the contractor's safety measures in, on, or near the job site. CLEARY CONSUILTANTS, INC. - CLEARY CONSULTANTS. INC. SCHEDULE OF FEES AND CONDITIONS PERSONNEL CHARGES ° Non-Technical Assistant .................................................................................. 35.00/hr Draftsman ............................................................................................ 40.00/cr Staff Engineer/Staff Engineering Geologist/Engineering Technician ....................................................... 60.00/hr Senior Staff Engineer ..................................................................................... 65.00/hr Project Engineer/Project Engineering Geologist .................................................................... 80.00/hr Senior Engineer/Senior Engineering Geologist ..................................................................... 90.00/hr Principal ........................................................................................... $125.00/hr* *Expert witness fees for appearance at court and depositions are $1600/day and $800 half day. There is a minimum of one-half day for all court and deposition appearances. EQUIPMENT CHARGES Automobile .........................................................................................$ 0.35/mile Mobile Laboratory .................................................................................... 5.00/hour Nuclear Moisture/Density Gauge ............................................................................. 5.00/test MISCELLANEOUS CHARGES Drilling services, printing and reproduction, special and consultant fees, permits, insurance, equipment and vessel rental, travel and subsistence expenses and other similar related costs are billed at cost plus 12 percent. Copies of previously issued reports will be billed su $25.00 for the first copy and $10.00 for each additional copy, or at cost of reproduction for larger reports. STANDARD OF CARE Cleary Consultants, Inc. (CCI) under this Agreement will strive to conduct services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other warranty, expressed or implied, is made. Client recognizes that subsurface conditions may vary from those encountered at the locati~~ns where our borings, surveys, or explorations are made and that our data, interpretations and recommendations are based solely on the information available to us. We will be responsible for those data, interpretations, and recommendations but shall not be responsible for the interpretation by others of the information developed. RIGHT OF ENTRY The Client shall provide for CCI's right of entry and all our necessary equipment, in onler to complete the work. While CCI shall take all reasonable precautions to minimize any damage to the property, it is understood by Client that in the normal course of work some damage may occur, the correction of which is not part of this Agreement. GENERAL LIABILITY INSURANCE CCI represents and warrants that it is protected by worker's compensation insurance and :hat we have such coverage under public liability and property damage insurance policies which we deem to be adequate. Certificates for all such policies of insurance shall be provided to Client upon request in writing. Within the limits and conditions of such insurance, we agree to indemnify and save Client harmless from and against any loss, damage, or I~abiliry arising from any negligent acts by CCI and its staff. We shall not be responsible for any loss, damage or liability beyond the amounts, limits, and conditions of such insurance. We shall not be responsible for any loss, damage, or liability arising from any negligent acts or willful misconduct of Client, its agents, staff, and other consultants emplayed by it. Certificates of our general liability insurance shall be provided upon request. UTILITIES In the prosecution of our work, CCI will take all reasonable precautions to avoid damage or injury to subterranean structures or utilities. The owner agrees to waive any claim against CCI and to defend, indemnify and hold CCI harmless from any claim or liability for injury or loss allegedly arising from CCI's damaging underground utilities or other man-made objects that were not called to CCI's attention or which were not properly located on plans furnished to CCI. LIMITATION OF LIABILITY To the fullest extent permitted by law, and not withstanding any other provision of this agreement, the total liability, in the aggregate, of CCI and its officers, directors, partners, employees, agents and subconsultants, and any of them, to the Client and anyone claiming by, through or under the Client, for any and all claims, losses, costs or damages of any nature whatsoever arising out of, resulting from or in any way related to this project or the Agreement from any cause or causes, including but not limited to the negligence, professional errors or omissions, strict liability, breach of a~ntract or warranty, express or implied, of CCI or its officers, directors, employees, agents or subconsultants, or any of them, shall not exceed the total compensation received by CCI under this Agreement, or the total amount of $25,000, whichever is greater. DISPUTES The parties to this Agreement covenant and agree that all claims, disputes and other marters in question between the parties to this Agreement, arising out of or relating to this Agreement or the breach thereof, shall be submitted to non-binding mediation prior to initiation of any lawsuit or other litigation, unless the parties mutually agree otherwise. The cost of said Mediation shall be split equally between the parties. In the event of any litigation arising or related to the services provided under this Agreement, the prevailing party will be entitled to recovery of all reasonable costs incurred, including staff time, court c~~sts, attorneys' fees and other related expenses. DISCOVERY OF UNANTICIPATED HAZARDOUS MATERIALS Hazardous materials or certain types of hazardous materials may exist at a site where thc re is no reason to believe they could or should be present. CCI and Client agree that the discovery of unanticipated hazardous materials constitutes a changed condition requiring a renegotiation of the scope of the work or termination of services. OWNERSHIP OF DOCUMENTS All reports, boring logs, field data, field notes, laboratory test data, calculations, estimates, and other documents prepared by CCI as instruments of service, shall remain our property. Client agrees that all reports and other work furnished to the client or his agent:,, which is not paid for, will be returned upon demand and will not be used by the Client for any purpose whatever. THIRD PARTY BENEFICIARIES Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Client or CCI. CCI's services under this Agreement are being performed solely for the Client's benefit, and no other entity shall have any claim against CCI because of this Agreement or the performance or nonperformance of services hereunder. The Client agrees to include a provision in all contracts with contractors and other entities involved in this project to carry out the intent of this paragraph. ASSIGNMENT Neither party to this Agreement shall transfer, sublet or assign any rights under or intere:,t in this Agreement (including bu[ not limited to monies that are due or monies that may be due) without the prior written consent of the other party. INVOICES 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 within 10 days from which the invoice is dated. If payment is not so made, a service charge will be due on the amount of the invoices at the maximum rate permissible by law from the date of the invoice until the same is paid. If suit is filed, a reasonable attorney's fee, to tie set by the court, and other costs incurred in collecting any delinquent account, shall be included in any judgement in favor of CCI. SAMPLES All samples of soil and rock will be disposed of from the laboratory 30 days after issuance of the report unless the Client advises otherwise. Upon request, we will deliver the samples to the Client, charges collect, or will store them for an agreed storage charge. AGREEMENT CITY OF CUPERTINO 10300 Torn: Avenue Cupertino, t,A 95014 (408) 77'7-3200 ~~,; FILE 4~ 98,017.02 PROJECT irk 98-120 NO. ~~~~~ ,1 ~~ BY THIS AGREEMENT, made and entered into on the day of , 20 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) CLEARY CONSULTANTS, INC. _ (2) Address 900 N. SAN ANTONIO ROAD City LOS i1LTOS Zip 94022 Phone (650) 948-0574 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall rovide or furnish the following specified services and/or materials: GEOTECHNICAL INVESTIGATION FOR PROPOSAL ATTACHED AS "EXHIBIT A": STEVENS CANYON RD. WIDENING EXHIBITS: The following attached exhibits hereby are made part of this Agreement: "EXHIBIT A" TERMS: The services and/or materials furnished under this Agreement shall commence on APRIL ~~nn and shall be completed before APRIL 21, 2000 C~~E~S~XCEED r~t8e 80U . 00~ ance of this Agreement, CITY shall pay CONTRACTOR: 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 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 here n. 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 HERNIE BACUS, ASST. CIVIL ENGINEER DEPARTMENT PUBLIC WORKS This Agreement shall become effective upon its execution by (CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAC By i ~----~~-~-- Title /`mss ~ ~~e-see-~ ~ APPR LSD i C-1TY O UPERTINO: E,y ~- Title iG G/or~S Pro ' s a ~ Gr EXPENDITURE DISTRIBUTION ` DEPART A DATE ACCOUNT NUMBER AMOUNT 9 (~ CITY C K DATE ~ ~~ ~ 420-9430-953 7~1 +3~ $8, 800.00 White: City Clerk ~reen: Finance Yellow: Co itractor u~k: ~ Receiving Gold: Department Pu~~~~ woRKs a C ~~~ ~ ~~ ~nn~.. ~CLEARY CONSULTANI~S, INC. Geotechnlcal Engineers aid Geo/oglsts March 23, 2000 Ser. 7445 EXNlSIT A Mr. Hermie Bacus, Engineering Analyst City of Cupertino, Public Works Department 10300 Torre Avenue Cupertino, CA 95014 RE: PROPOSAL FOR GEOTECHNICAL INVESTIGATION STEVENS CANYON ROAD WIDENIr1G CUPERTINO, CALIFORNIA Dear Mr. Bacus: Introduction As requested, we are submitting this proposal to perform a geotechnical investigation for the widening of Stevens Canyon Road between the e~itrance to Stevens Creek Park and Balboa Road in Cupertino, California. As a basis for this proposal, we have discussed the project with you, met with Marty Wayne of Brian Kangas Foulk rind reviewed their plans showing the extent of required work, and have visited the site. We have also reviewed our Phase I geotechnical report for the proposed widening project dated Decembf;r 29, 1998. The purpose of our Phase I report was to evaluate the geologic conditions and earth materials present along the roadway alignment and develop preliminary geotechnical and design recommendations for the project. We understand that the majority of the roadway widening will be accomplished by extending the pavement area outward along the downhill (soutri) side of the road. Crib walls up to 23 feet in total height are planned to support the fill material required to widen the roadway in this area. Widening near Balboa Road will require that th.e existing slope on the north side of Stevens Canyon Road be cut back and supported with a concrete block retaining wall up to nine feet in height. The slope opposite Ricardo Road, also on the north side of Stevens Canyon Road, will be re-graded to an approximate 2:1 (horizontal/v~:rtical) gradient. We understand that you plan to remove and disf~ose of the existing AC and base from Stevens Canyon Road; new materials will be used for the roadway reconstruction. A Traffic Index of 10 is to be used for Stevens Canyon Road reconstruct ion. Also, a new culvert crossing under Stevens Canyon Road will be constructed approximately :?50 feet west of the park entrance. 900 N. SAN ANTONIO ROAD LOS ALTOS, CALIFOIiNIA 94022 (650) 948-0574 FAX (650) 948-7761 e-mail: clearyconrultants~att.net Mr. Hermie Bacus City of Cupertino, Public Works Department March 23, 2000 Page 2 Scope of ;Services Based on the above, we propose that our geoteclmical investigation consist of the following: 1. A site reconnaissance and literature review including the findings of our previous studies. 2. A subsurface investigation consisting of a total of 11 borings, as follows: Six exploratory borings on the south side of Stevens Canyon Road and the County Park access road in the area of the proposed crib wall construction, two exploratory borings on the north side of the road in the area of the proposed 2:1 (horizontal/vertical) slope reconstruction; and three exploratory borings on the north side of the road in the area of the proposed concrete block retaining wall construction. Seven of these borings, spaced approximately 300 feet apart, will be drilled through the pavement section in Stevens Canyon Road and the thickness of the existing asphalt and baserock will be recorded. The borings will be drilled to depths of 5 to 35 feet using truck mounted hollow stem and solid auger drilling equipment. The field work will bE; performed under the guidance of our engineer who will log and sample the borings. Continuous sampling will be performed in the upper six feet of the borings and at five foot intervals, or changes in material type, thereafter. Standard Penetration samples and Modified California samples will be obtained for classification and shear strength testing, respectively. The holes will be measured for possible free water prior to their backfilling at the end of the day. The holes will be backfilled the same day with cement grout acid plugged at the surface with asphalt patch (in roadway borings). Similar to our work two years ago on Stevens Canyon Road for the shoulder failure below the west bound lane, we understand the City will provide the necessary traffic control during the drilling; of the borings in the road and will notify interested parties such as Stevens Creek Quarry of this work. The drilling operation will block one lane for an~ anticipated period of three to five hours in each direction. Unless directed otherwise, we will notify Underground Service Alert of our plans to drill in the proposed ~ireas, in order to clear utility conflicts prior to drilling. 3. Laboratory testing of samples obtained from the borings. These tests will include moisture content, dry density, sr~ear strength, free swell and plasticity index CLEARY CONSUILTANTS, INC. Mr. Hermie Bacus City of Cupertino, Public Works Department March 23, 2000 Page 3 determinations, as appropriate. Hind held torvane and pocket penetrometer testing of undisturbed samples would als~~ be performed in the field and laboratory. R- value testing will also be performed on composite samples of each type of subgrade material encountered in the borin€;s drilled in the roadway. 4. Engineering analysis of the field <<nd laboratory data. 5. Preparation of a geotechnical investigation report for design purposes. Our report, which will include the field and l;~boratory data, and utilize the information and findings from our earlier studies, will present findings and recommendations for the following: a) Site and regional geologic conditions. b) Site preparation and grading. c) Cutslope gradient and revegetation opposite Ricardo Road. d) Crib wall and retaining wall foundation type(s), allowable bearing pressures and approximate bearing eP.evations of the supporting materials. e) Estimated settlements. f) Lateral earth pressures for crib and concrete block retaining wall design. g) Backfill and compaction of slope and wall backfill. h) Surface drainage. i) Pavement section alternatives for road reconstruction, including subgrade lime-treatment. j) Energy dissipator and erosion control for new culvert. k) Any other unusual design or construction conditions encountered in the investigation. CLEARY CONSULTANTS, INC. Mr. Hermie Bacus City of Cupertino, Public Works Department March 23, 2000 Page 4 Arran e~ments Our services will be provided in accordance with the Schedule of Fees and Conditions presented on the reverse side of the last page of this proposal. We estimate that the cost for the work described in this proposal will be $8800. This i~igure will not be exceeded without your prior approval . We can perform the field work within approximately one to two weeks of your notice to proceed and our report will be submitted three to four weeks thereafter. Information concerning our findings and recommendations will, however, be provided to your engineer as soon as it becomes available. Our services will be performed, findings obtained, and recommendations prepared in accordance with generally accepted geotechnical engineering principles and practices. This warranty is in lieu of all other warranties, either expressed or implied. We look forward to serving you on this assignmec-t and ask that you call if you have any questions regarding this proposal. If you wish us to proceed, please sign and return one copy of this agreement. Yours very truly, CLEARY CONSULTANTS, INC. -''<, ~" ,.. ~_ Grant Foster Civil Engic~ne~/er 60357 ~~l~n~ J. Michael Cleary ~~"~ Geotechnical Engineer 222 GF/JMC : pc Copies: Addressee (2) Brian Kangas Foulk (1) Attn: Marty `JVayne, P.E. AUTHORIZATION Approved By Date CLEARY CONSULTANTS, INC.