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14-168 GeoForensics for construction services of the Sports Center Tennis nCourt Retaining Wall Repair Project OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 WEBSITE:www.cupertino.org CUPERTINO November 5, 2014 GeoForensics, Inc. 561 Pilgrim Drive, Suite D Foster City, CA 94404 Re: Construction services for the Cupertino Sports Center Tennis Court Retaining Wall Repair Project Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works i CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO ✓� � 408-777-3200 NO. �� THIS AGREEMENT, made and entered into this 16th day of October is by and between the CITY j OF CUPERTINO (Hereinafter "CITY") and GeoForensics, Inc. 561 Pilgrim Drive, Suite D Foster City, CA 94404 (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Geotechnical engineering' construction services for the Cupertino Sports Center Tennis Court Retaining Wall Repair proiect. Services shall consist of geotechnical reports and construction observation identified in the proiect Plans and Specifications as the geotechnical engineer of record. Tasks include, at a minimum, observation and documentation of pier drilling and depths on a part time basis, weep hole placement and construction, final grading and drainage, and all geotechnical reports. EXHIBITS: The following attached exhibit is hereby made part of this Agreement: Exhibit A, GeoForensics Inc. rate schedule. TERM: The services and/or materials furnished under this Agreement shall commence on October 29, 2014 and shall be completed no later than April 30, 2015 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to exceed four thousand seven hundred and fifty dollars ($4,750.00). The CONTRACTOR shall bill the City on a flat hourly rate basis, in one half hour increments. for time worked at the labor rates identified in Exhibit A, GeoForensics, Inc. Schedule of Rates with no reimbursable charges for mileage, printing, etc. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior GeoForensics, Inc. Geotechnical Engineering Construction Services Page 1 of 3 October 15,2014 ri-16F written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7) -day notice. The Contractor may terminate this Agreement with or without cause with a seven (7) -day written notice. GeoForensics, Inc. Geotechnical Engineering Construction Services Page 2 of 3 October 15, 2014 Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Katy Jensen, CIP Program Manager 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. C TRACTOR. CITY OF CUPERTINO: B By AO Title c Title: I., APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENY HEAD DATE ACCOLIN NUMBER AMOUNT 4 7`� /o • / 2-©` 014 Z "01,506 CITY RNEY APP VED ORM DATE -Y-- CITY CLERK: ATTEST DATE �^ GeoForensics Inc. Geotechnical Engineering Construction Services Page 3 of 3 October 15, 2014 x EXHIBIT Current Schedule of Charges Effective 04/01/13 All engineering services charged on an hourly basis will be billed at the following rates: Senior Geotechnical Engineer/Geologist $250.00 per hour Project Engineer/Geologist(licensed) $175.00 per hour Field Engineer/Technician $140.00 per hour Administrative Assistant/Draftsperson $75.00 per hour These rates include: mileage, printing, photographic reproduction charges, and tolls. They do not include: drilling,trenching, aerial photographic charges, laboratory testing, or other outside expenses, which will be billed at cost+ 15%. The hourly rates are charged for all time spent on the job, including travel to and from a meeting or job site. Time is rounded up to the nearest 0.5 hour increment. Rates are subject to change without notice., Time giving expert witness depositions or court testimony is charged in one hour increments, at an hourly rate of$500.00 per hour for a senior geotechnical engineer. Other personnel will be charged at a proportional rate. GeoForensics, Inc. 561 Pilgrim Drive, Suite D Foster City, CA 94404 Tel: (650) 349-3369 Fax: (650) 571-1878 GeoForensics,Inc. Geotechnical Engineering Construction Services October 16,2014