83-009 Cooper and Clark, Soils Agreement for Engineering· ..• . .
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AGREEMENT
This agreement made between the CITY of CUpertino (CITY) and Cooper and
Clark (ENGINEER) this 15th day of March , 1983.
TO WIT:
WHER.EAS, the CITY requires professional engineering services for the
testing, review and investigation of the soils aspects of various projects
wi thin the CITY of cupertino. said work shall be herein after referred to as
SERVICES.
WHER.EAS, the CITY desires to contract for SERVICES with an experienced
soils engineering finn, which has a staff and equiJ;lle1t which canplies with the
requirerents of the CITY.
WHER.EAS, the CITY has prepared a "Request for Proposals", attached and
incorporated herein as Exhibit "A".
WHER.EAS, the ENGINEER has the necessary professional staff and equiJ;lle1t
to perfonn the duties required by the CITY and/or as specified in Exhibit "A".
WHER.EAS, the ENGINEER has fully reviewed Exhibit "A" and can abide by its
provisions in addition to the provisions outlined herein.
Therefore, be it agreed between the parties hereto: ,-
Payments.
The CITY shall compensate the ENGINEER as outlined in Exhibit "B" attached and
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incorporated herein by this reference. No adjustments to the schedule of
charges shall be made within the pericd of this agreement. The paymants' by the
CITY shall be made within ten (10) working days fran the date of approval of
invoices submitted by the ENGINEER.
Addresses:
CITY City of CUpertino
ENGINEER
P. O. Box 580
CUpertino, CA 95014
Cooper and Clark
658 Bair Island Road
Redwood ,CITY, CA 94063
Reports/Correspondence
Any exchange of information regarding engineering opinions, tests or SERVICE
shall be in writing. Any request for reports or tests shall only be valid if
the request is from a CITY official mutually agreed to at pericdic intervals.
Hold Harmless
The ENGINEER agrees to save and hold harmless the CITY, its officers, agents
and employees fran any and all damage and liability of every nature, including
all costs of defending any claim against the CITY by or arising out of the
performance of this agreerrent. The CITY shall not have any liability for acts
or emissions of the ENGINEER.
COOrdination
The CITY shall receive all reports, opinions and interpretation of all projects
subject to this agrearent. Any third person who is directly or indirectly
associated with the information in a report shall be required to obtain the
information from the CITY. No copies of reporta shall be given to the public
without permission' of the CITY.
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Independence
-Between the parties it is understacd that the ENGINEER is to act as an
independent professional consultant and that the CITY has the right to accept
or reject the reports, opinions and tests of the ENGINEER.
CITY OF CUPERTINO
Approved as to form:
City Attorney:
ENGINEER:
Acknowledgement and Exhibits "An and "B" attached
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SANTA CIARA)
On this day of day of _______________ _
in the year of , before me ________________________ _
personally appeared ________________________________________ __
personally known to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument, and acknowledged
that he (she or they) executed it:·
WITNESS my hand and official seal.
STATE OF CALIFO&~IA )
Notary Public ~n and for the County
of Santa Clara, State of California
CORPORATION ACKNOWLEDGEMENT
) ss.
COUNTY OF San l:!ateq)
On this day of _--=l:.:l::....:::.t.::h ____ -.:day of ___ -=F-=e:.:b:..:r:..u=a-=r-"y _______ _
in the year of 1983 , before me--'--'L:..:O-=.y:..:.c--'i--'S::....:::.t_o-=c_k~e~y ___________ _
personally appeared ____ R:.:i:.:c:.:.::h-=a:.:r_d--'-=L:.:. __ -=T-=e:.:r:.:r--'e~l:.:l__' ____________________ ___
personally known tome (or proved to me on the basis of satisfactory evidence)
to be the person who executed the within instrument as president (or secretary)
or on behalf of the corporation therein named and acknowledged to me that the
corporation executed it.
IN WITNESS ~~EREOF, I have hereunto set my hand and affixed my official·
seal in the County of San Mateo ~he day and year in this certificate first
above written.
6/29/82
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SOILS ENGINEERING AND TESTING
REQUEST FOR PROPOSALS EXHIBIT A
The City of Cupertino desires to retain the services of a ?oils engineering
and testing firm to perform various testing and engineering functions within
the City rights-of-way. Also, the City will require field inspection and
field identification of "On-Site" soil classifications, expansion potentials
and related soils parameters for single family residential construction.
SCOPE:
The selected firm will be required to field sample and perform the following
laboratory analysis.
Name Standard
1. Relative Compaction 216/231 State of California
2. Resistance Values 301 State of California
3. Unconfined Compression Tests 221 State of California
4. Atterberg Limits (Plasticity) 204 State of California
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5. Direct Shear Tests 222 State of California
6. Standard Penetration D 1586-67 A.S.T.M.
7. Expansion Index U.B.C. Standard 29-2
The selected firm will also be required to field review proposed minor earth-
work projects within the City and provide recommendations on slope stability
and identification of material classification(s). The selected firm will be
required to provide a "Letter of Review" On minor residential properties at
various locations in the City.
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CONTRACT TIME LIMITATIONS:
The City requires that the selected firm respond to a City request for field
services on a "Next-Day-Basis" and that the firm provide results of laboratory
analysis on a priority basis within a twenty-four (24) (except for tests which
require a longer period of time to complete) hour maximum. In regard to other
testing or professional work, the City will require that the selected firm
respond within three (3) working days from the date the work or the "Letter of
Review" is requested.
LETTER OF REVIEI~:
The City requires that the selected firm provide the City with a letter, signed
by a principal of the firm, indicating that the firm has reviewed appropriate
soils reports of record and that the firm has field reviet>ed the site in question
and that field testing, if required, indicates that the project in question can
be constructed on the site and that the provisions of Section 16.12, "Preliminary
Soil Report" ,or the Cupertinp, Hunicipal Code are being complied with.
SPECIAL PROJECTS:
The City will require the selected firm to provide professional review of cut,
fill slopes, slope failures and other related soils engineering problems with~
in the City. The firm shall provide mini-reports stating the existing situation,
identification of the materials involved and providing a primary and secondary
approach to remedy the problem. All reports shall be signed by a principal of
the selected firm.
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METHOD OF COMPARISON OF PROPOSALS:
A. Testing and Laboratory Reports. All firms submitting proposals shall meet
the mlnimurns es tablished by the required testing procedures. The City will
evaluate the proposals based on the firm's ability to demonstrate adequate
personnel, equipment and timely performance. In addition, the firm
submitting the lowest overall cost on the basis of the estimated quantities
will receive additional consideration under this Section.
B. Professional Reports. The firm who demonstrates the most extensive ex-
perience and has a staff who meets the required level of professional
competence, as determined by the City Engineer, will receive favorable
consideration under this Section.
SELECTION:
The City Engineer will determine the firm which is best qualified for the
Ci ty' s needs.
Estimated Requests for l>jork Yearly Frequency (Each)
l. Density Analysis 50
2. Relative Compaction Reports 160 +
3. R-Va1ue Reports 20 -
4. Pavement Thickness Recommendations (s) 8
5. Letters of Review (See Page 2) 20 +
6. Slope Stability/Failure Reports 2
7. Unconfined Compression, et al 4
* Note: No mini,um's, are established
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FORMAT OF PROPOSAL:
The Firms which desire to submit a proposal shall provide the follmdng
minimum information:
1. A statement that all required tests can be accomplished in accordance
with the stated minimum testing and time standards. The location of
the laboratory shall also be provided.
2. A brief summary of the professional and technical staff and a general
overview of their experience.
3. The unit cost to the City for the various items outlined hereinabove.
CITY CONTACT:
The questions arising during the preparation of the proposal shall be ad-
dressed to Mr. Travice Whitten or Hr. Bruce Donoghue at 408-252-4505, ext. 232.
TERM:
The agreement for engineering services shall run for one (1) year.
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EXHiBiT B
1982 SCHEDULE OF CHARGES
A new schedule of charges is issued at the beginning of each year~ Unless other 8M'angemen't') have been made, chnrges to
all projects? including those continuing from previous years, will be based on the latest schedule of charges~ .tTerms Ilnd
Conaitions of Agrcementll (Form B~ Re\f. 2-82) forms an expr-ess p;ll>t of this "Schedule of Charges.u
PERSONNEL CHARGES
Individual billing rates, based on aetual salaries, Brc used in determining project charges. These billing rates are
determined in accordance with :\1.nnual No. 45C of' The Ameriean SOCiety of Civil Engineers. Current billing rates for the
various employee classifications are as follows:
Personnel
Hourly
Billing Rate
Support Services (Technical Typing, Reprodllcthm, '1'ef!lll1ical Editing, etc.) ~ ..... ~ <0 .............. ~ $~O-33
Drafter, Technician, Administrative Asst., &: Junior Engineer or Geologist ••••••••.••.•••••. ,. * 27-42
Engineer, Geologist or Senior Field Technician ............. ~"'''''''''''''''''''''''''''''''''''''''' 36-48
Senior Engineer, Geologist Ol" Construction Inspectol" ................................................ 44-65
Su!>ervisory Engineer, Geologist or Project Manager ................................ H .............. 55-75
Principal. ............................................................................. 10-90
Senior Principal .............................. , ........................................ 101H;0
Personnel charges are for technical work. Charges are made for technical typing and for the time and costs of compiling
and printing tecimical re9Ol"tS. Direct charges are not made for general secretarial services, office management,
accounting and maJntenance, since theSe itcms are inclUded in overhefid.
For othel" than professional employees, all time spent over eight hours per day and all Saturday work will be charged at 1t
times the hourly billing rate. All SUnday work wiu be charged at H times the hourly billing rate, and holiday work will be
charged at two times the hourly billing rate. All field personnel charges arc porta1-to~portal. Premium charges are not
made for overtime work by professional employees.
For field inspection services, the' minimum pel"Sonnel charges are as follows:
Inspection serviees: 4 to 8 hours -S hours
Show-up time - 2 hours
Travel time, up to a maximum of eight hours per day, is charged in accordance with the foregoing schedule for personnel~
Charges for special consultants are billed at cost plus 15% ..
The minimum daily charge for a court appearance as an expert witness is $1000 plus expenses. Preparation for a court case
will be charged at regular hourly I"ll.tes.
When outside the continental United States, employees' total salary costs are increased by the premium customarily paid
for work at that location..
EQUIPMENT CHARGES
T~ following charge,; :ll'e rut' !;peC'!ial equipment and are in addition to personnel ehd:rges:
Field vehicles equipped with testing or sampling eqUipment. per hour {portal-to-portal} .............. $3.00
Printing and Reproduction, per sheet. ~ .................... ~ ................ ~ .'~ •••••••••• ~ ........ O~25
Car or Pick-up Truck, per mile ...... ~ ........................... ~ .. ~ ••.• ~ ............ ~ ~ ~ ~ ........ , ... ~ ~ .. ~ ~. 0.50
Drill Rig Rental tlnd Operation ....... ~ ~ .. , •• "' ~ •••• ~. ~. ~ ~.~ ~ ......... ~ ................. ~ ~ ...... Cost plus 15%
Sampling Equipment, per sample ••• ~ •• 9 ... ' • ~ •••• ,.. ,. ....... ~ .. ~ .... ~ ••••••• ~ ....... ~ ................ a 4.00
Nuclear Density Gauge, per hoUl" •••••• " .. a ......................................... " ................ 4~OO
Other Special Equipment •. ~ .. ,. *." ••••••••• ~ ...... " ................................... " ••• Prices on request
Equipment In transit to or from the job site, or retained by the elient on a standby basis, is billed on the basis of tour hours
per calendar day, Ol" at actual cost (plus 15%) in ease of equipment whieh is leased or subleased or othel"wisc arranged tor
by Cooper &: Clark through its subcontractors or others.
If equipment is exposed to unusual climatie: conditions, an appropriate charge will be t!"lade for resultant abnormal
deterioration.
Form A
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MISCELLANEOUS CHARGES
Charges Cor special or unusual outside services are computed on the basis of cost plus 15%. Some examples of suet} outside
services are:
Printing and Reproduction
Rented ears or pick-up trucks
Transportation on public carriers
Special fees, permits, insurance, etc ..
Rented heavy eQUipment
Telegrams or long distance: telephone calls
Shipping Charges
Meals and Lodging
Craftsmen nnd laborers
Each order for copies of preVIously issued reports not exceeding ten pages including plates and attachments is billed at
$20.00 for the first copy and $10.00 for each additional copy. The cost for copies of previously issued reports exceeding ten
pages or for copies requiring special art work will be determined on a time-and-expen.~e basis.
LABORATORY CHARGES
Charges for laboratory tests include the llsuallaboratory work and the reporting of test results on~y. ChfU'ges for reduction
and/or analysis of test data are based on hourly personnel charges. Charges for special tests are based on hourly personnel
charges plus a charge of $10.00 per hour for laboratory equipment.
Moisture Content and Dry Density .. ~ .......................... " ••• ~ ............ ~ ....... o. •••••••• $7.50
Plasticity Index •••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 65.00
Wash Analysis, percent passlng No. 200 screen ........................................................... 34.00
Sieve Analysis, dry ............................................................................................ 50.00
Sieve Analysis, including wash ..................................................... o. .............. 65.00
Combined Analyses, including wash and hydrometer .............................................. 125.00
Specific Gravity, non-cohesive soil ....................... ~ .............. ~ •• " •••••• "" •• " •••••• "". 45.00
Specific Gravity, cohesive soil ••••.••••••••••••••••••• : ....................................... 50.00
Unconfined Compressive Strength .• ~"".""".""""""""".""""""""""""", 55.00
Direct Shear, undisturbed sample ........................................................... 17.00
Direct Shear, saturated, undisturbed sample ••••••••••••••••••••••••••••••• " ................ 23.00
Direct Shear, remolded sample .............................................................. 45.00
Direct Shear, saturated remolded sample .......................... ,. ................................. 50.00
Triaxial Shear .......... " ............. _ ............................................. ~ .. Prices On request
Consolidation, undisturbed ............................................ ~ ••••••••••••••••••• 110.00
Consolidation, remolded ........................................ " ••• ~ ......... ~ .................. ~. 140.00
Permeability, undisturbed sample .................................. " .................................. 100.00
Permeability, remolded sample ........................ " ......... ~ •• " ....... " ..... " ................... 125.00
Shrink-Swell, undisturbed sample ............................... ~ ..... ~ ••• ~ .......................... 57.00
Shrink-Swell, remolded sample .......... __ ........ ~ ................ ~ ........................ _"" ........ 85.00
Sand Equivalent ... ~ ~ ~ .• " ................................. ~ ..... ~ ..................................... "'" • 45.00
R-Value Expansion Pressure, per set of 3 ........ ~'''''''''''''' ••• ''''''''' •• ''''''''''''' •• ''''''''. ~ 110.00
CBR, Corps of Engineers method, eahesionless soil .. H ..... '" .......... " ..................... u u. 340.00
CBR, Corps of Engineers method, cohesive soil ......... ~ ....................................... 500.00
Compaction9 4-inch-diameter mold ................................ * ~ .......... ~ ................. ~ •• 85 .. 00
Compaction, 6-inch-diameter mold .. _ ............................... ' ................. _ ...... ~ ...•• 100.00
Compaction, Cal-Impact ................... '" ............................ " ............................... ~ 95.00
Compaction, check point only ••••••• ~ ....... 5 ••••• * ~ •••••••• o. .......... " ......... " ................... 35.00
Relative Density, cohesionless soil .............................. ~ •••••• ~,,~ ~ ........ ~ ~ ~ ~ .......... 125.00
Dynamic Tests ~ •• ..,,, ...... ,. ~ •• ~ ....... * •••••• ~ ••••••• " •• ~*.~ •• ~ ~~ ...... ~9' ••••••• Prices on request
Form A (Rev. 2/82)
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