10-069 TRC Solutions, Inc., James Schwartz, Due Dilligence Review for Environmental Issues at the Mary Ave Temporary Dog Park AGREEMENT
CITY OF CUPERTINO
10300 Torre: Avenue
Cupertino, CA 95014
408- 777 -3200 NO 7 7
BY THIS AGREEMENT, made and entered into this 1st day of July, 2010, by and between the CITY OF CUPERTINO
(hereinafter referred to as CITY) and TRC Solutions, Inc. , James Schwartz; Address: 1590 Solano Way, #A,
Concord, CA 94520, Phone: 925 -888 -1200 (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:
Provide Due Diligence Review for Environmental Issues eit the Mary Ave. Temp. Dog Park
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal marked EXHIBIT "A"
TERMS. The services and/or materials furnished under this Agreement shall commence on July 1, 2010
and shall be completed before August 15, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Maximum not to exceed of $3,000.00, without City Approval, payment to be made on a time and materials
basis
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 CONDMONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, 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 ,vritten consent of the City. No changes or variations of any kind are
authorized without the written consent of the City. k J D CONTRACT CO- ORDINATOR and representative for CITY shall be: EN TE R ED
NAME: Terry W. Greene, AIA 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.
CONTRACTOR: CITY OF CUPERTINO:
B By )
Title & ea Ter4 W. Greene, AIA, City Architect
Soc. Sec. # or Tax I. D.: 0
APPROV S t EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER I AMOLINI
580- 9137 -9300 $3.000.00
CITY CL ATE - 7 _. f A
i 7
i
1590 Soiano Way
E XHIBITA
#A
Concord, CA 94520
' 125 aF;$.1�C?t? ;•:y , _
June 22, 2010
Ms. Carmen Lynaugh RE: PROPOSAL FOR DUE DILIGENCE
CITY OF CUPERTINO REVIEW
1030o Torre Avenue PROPOSED DOG PARK
Cupertino, California 95014 MARY AVENUE
CUPERTINO, CALIFORNIA
Dear Ms. Lynaugh:
Thank you for requesting our proposal to perform an environmental due diligence review for the
proposed dog park located in Cupertino, California. It :is our understanding that the City of Cupertino
(City) would like to have TRC review the current environmental conditions of the proposed dog park
located on the west side of Mary Avenue adjacent to Highway 85 and north of Stevens Creek Boulevard.
Since the parcel is small, the parcel's history is unknown to the City and the proposed use is recreational,
TRC recommends ordering an Environmental Data Resources (EDR) report for the parcel and conducting
a site walk to visually assess the parcel for signs of potential environmental issues. Based on information
obtained from those sources, TRC may recommend limited surface soil sampling to ensure the site is clear
of any environmental issues.
FEES AND TERMS
We will perform the above- described scope of work on a time - and - expense basis not to exceed $3,000 in
accordance with the attached terms and conditions. Pa;nnent for work shall be due and payable upon
receipt of TRC's statement. To be recognized, any dispute over charges must be claimed in writing within
3o days of the billing date. Disputes or questions about a statement shall not be cause for withholding
payment for remaining portions due. A service charge of 1 percent per month shall be assessed on
balances unpaid 3o days after the issue date of TRC's statement to compensate TRC for the cost and
burden of administering the account and collecting fees owed. Requested changes to this contract must
be approved in writing before we proceed. Additional services that are not outlined in this agreement will
also be charged on a time - and - expense basis.
i
EXHIBITA
Proposed Dog Park Due Diligence City of Caperdno
AUTHORIZATION
Please acknowledge your receipt of and agreement with the terms contained in this agreement by signing
the last page and returning one signed original to us. As soon as we receive a signed agreement, we will
begin work.
Thank you in advance for your time and consideration. If you have any questions, please call and we will
be glad to discuss them with you. We look forward to :receiving your approval on this proposal and
commencing work immediately.
I
Very truly yours, Agreement accepted by:
TRC ENGINEERS, INC. CI7T OF CUPERTINO
Signature Date
James P. Schwartz, P.G.
Principal Geologist
Please Print Name and Title
JPS :jcm
Copies: Addressee (email)
i
Cupertino Dog Park Due Diligence Pro o622to.doc
Copyright O 2oto TRC
s
Page 2
CTRC EHIBIT A X
Schedule of Hourly Fee Rates
PREVAILING WAGE
Through December 31, 2010
Senior Principal Engineer or Geologist $214.00
Principal Engineer or Geologist $205.00
Senior Project Engineer or Geologist $185.00
Project Engineer. Hydrogeologist or Geologist $155.00
Senior Staff Engineer, Hydrogeologist or Geologist $133.00
Staff Engineer or Geologist $122.00
Senior Supervisory Technician $133.00
Supervisory Technician $122.00
Senior Technician $113.00
Engineering Technician II $93.00
Engineering Technician 1 $88.00
GIS Specialist $105.00
Technical Illustrator /CAD $78.00
Technical Assistant $78.00
Administrative Clerk $72.00
Equipment: Charges
Reid Vehicle $12.00 per hour
Digital Camera $10.00 per day
Laboratory Equipment $11.50 per hour
Hand -Held Global Positioning System (5 to 10 foot ao:urscy) $35.00 per day
Backpack Global Positioning System (1 to 3 foot accuracy) $95.00 per day
PDR -1000 Dust Meter $100.00 per day or
/$300.00 per week
Organic Vapor Meter $125.00 per day
Depth Sounder $30.00 per day
55- gallon drum $50.00 each
Brass Liners $5.00 each
Hand Auger $15.00 per day
Charges for employees will be made In accordance with the Schedule of Hourly Fee Rates. These rates are subject
to change in January 2011. For other than professional employees, time spent over 8 hours per day, time spent on
swing shifts, and time spent on Saturdays will be charged at 1.5 times the hourly billing rate. Work on Sunday will be
charged at 2.0 times the hourly billing rate, and holiday work will be charged at 2.5 times the hourly billing rate. Ail
field personnel charges are portal to portal. Service performed under fixed fee contracts will be charged at the
agreed fixed rate. For time and materials contracts, expense;; and other similar project- related costs are billed at cost
plus 18.5 percent
Payment for Work and expenses shall be due and payable upon receipt of TRC's statement. To be recognized, any
dispute over charges must be claimed in writing within thirty (30) days of the billing date. Disputes or questions about
a statement shall not be cause for withholding payment for remaining portions due. Amounts unpaid thirty (30) days
after the Issue date of TRC's statement shall be assessed a Earvice charge of one (1) percent per month on balances
outstanding to compensate TRC for the cost and burden of administering the account and collecting fees owed.
154952
2010 PW Hr Rate E8