Cooper Engineers
CONSULTING ENGINEERS
658 Bair Island Road. Redwood City, California 94063 · Phone (415) 367-9510
SHORT FORM PROPOSAL
TO:
Ci ty of Gilroy
c/o Clark, Stromquist & Sandstrom
940 East Meadow Drive
Palo Alto, California 94303
DA TE: May 1, 1985
FOR ACCEPTANCE PROPOSAL #85-114-02
CLIENT: City of Gilroy
ATTN: Mr. Ernie O. Erickson
BI LLIN G ADDRESS: Same as above
Following a conversation with Mr. Erickson on April 30, 1985, this proposal summarizes services
we are prepared to perform, and suggests contract arrangements as follows:
SITE LOCATION: Between Church and Rosanna Streets, Gilroy, California
PROJECT DESCRIPTION: - Police Station Addition and Existing Firehouse Renovation
SCOPE OF OUR SERVICES: We propose to perform our services by drilling approximately
8 borings and probes up to 20 feet deep. One boring would be deepened near the existing
police station to provide recommendations for shoring design, if required. Our field engineer
would log the materials encountered in the borings and would obtain representative soil samples
for visual examination and laboratory testing. We would probe around the existing fire station
to determine the depth of embedment of the existing footings. Based 00 our field and
laboratory test data, we would perform engineering analyses to develop recommendations for
foundation and retaining wall/shoring design criteria, for temporary excavation slopes, for site
grading and wall backfilling and for slab support for the proposed basement area.
We would present the results of our investigation in six copies of a report which would include a
plot plan, boring logs, laboratory test data, and our conclusions and recommendations.
We are to perform our services on a time-and-expense basis and in accordance with the attached
"Schedule of Chargesll and "Terms and Conditions of Agreementll. The total fee for these
services is on the order of $2,900 provided no unusual soil conditions are encountered.
'C:H:y' of Gilroy
May 1, 1985
Propa:>>al #85-114-04
Page 2
Please sign below and return ale copy to indicate acceptance of this propa:>>al and its
attachments.
JMP/cw
D2-P /Prop.8 5-114-0 2
(3 copies submitted)
Attachments:
Form A (Revised 1/85)
Form B (Revised 1/83)
COOPER ENGINEERS, INC.
- ,..
By
~/;::r
IV'. ~'
OHN M. PILLING
.
1985 SCHEDULE OF CHARGES
A new schedule of charges is issued at the beginning of each year. Unless other arrangements have been made,
charges to all projects, including those continuing from previous years, will be based on the latest schedule of
charges. "Terms and Conditions of Agreement" (Form B, Rev. 1-83) forms an express part of this "Schedule of
Charges" .
PERSONNEL CHARGES
Individual billing rates, based on actual salaries, are used in determining project charges. These billing rates are
determined in accordance with Manual No. 45 of The American Society of Civil Engineers. Current billing rates for
the various employee classifications are as follows:
Hourly
Personnel Billilll1: Rate
Support Services (Technical Typing, Reproduction, Technical Editing, etc.)....................... $ 20-33
Drafter, Administrative Assistant, Junior Engineer, Geologist,
or Union Engineering Technician (ET)....................................................... 27-42
Engineer, Geologist, Industrial Hygienist, Environmental Planner,
or Union Senior Engineering Technician (SET 1) .............................................36-50
Senior Engineer, Geologist, Senior Industrial Hygienist, Senior
Environmental Planner, or Union Senior Engineering Technician (SET 2)........................45-70
Supervisory Engineer, Geologist, or Project Manager .............................................60-90
Principal..... .......... . .............. .... . ...... . ... . .. ..... ........... .. .... ... .. ... ......70-100
Senior Principal ........................................................................... .100-150
Personnel charges are for technical work. Charges are made for technical typing and for the time and costs of
compiling and printing technical reports. Direct charges are not made for office management.
For other than professional employees, all time spent over eight hours per day and all Saturday work will be
charged at 1 i times the hourly billing rate. All Sunday work will be charged at 2 times the hourly billing rate, and
holiday work will be charged at 2i times the hourly billing rate. All field personnel charges are portal-to-portal.
Premium charges are not made for overtime work by professiooal employees, with the exceptioo of weekend field
work requested by client.
For field inspection services, the minimum personnel charges are as follows:
Show-up time = 2 hours
Inspection services 2 to 4 hours = 4 hours
Inspection services 4 to 8 hours = 8 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 charge for a court appearance as en expert witness is $1,200 per day or any portion thereof plus
expenses. Preparation for a court case or giving deposition for a court case will be charged at 1 i times the
regular hourly rates.
When outside the continental United States, l!mployees' total salary costs are increased by the premium customarily
paid for work at that location.
EQUIPMENT CHARGES
The following charges are for special equipment and are in addition to personnel charges:
Fielci vehicles equipped with testing or sampling equipment, per hour (portal-to-portal).... e....... $3.00
Printing and Reproduction, per sheet.......................................................... 0.25
Car or Pick-\lp 1'ruck, per mile ............. .................................................. 0.50
Drill Rig Rental and Operation..................................................... .Cost plus 15 %
Sampling Equipment, per sample............................................................... 4.00
Nuclear Density Gauge, per hour......................,....................................... 4.00
Other Special Equipment......................................................... Prices on request
Equipment in transit to or from the job site, or retained by the client on a standby basis, is billed on the basis of
foul' hours pel' calendar day, or at actual cost (plus 15 %) in case of equipment which is leased or subleased or
otherwise arranged for by Cooper Engineers through its subcontractors or others.
If equipment is exposed to unusual climatic conditions, an appropriate charge will be made for resultant abnormal
deterioration.
Form A, Side 1 (Revised 1/85)
.
MISCELLANEOUS CHARGES
Charges for special or unusual outside services are computed on thr. basis ot cost plus 15l\1. Some examples of such
outside services are:
Printing and reproduction
Rented cars or pick-up trucks
Transportation on public carriers
Special fees, permits, insurance, etc.
Rented heavy equipment
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-expense basis.
Telegrams or long distance telephone calls
Shipping charges
Meals and lodging
Craftsmen and laborers
LABORA TOR Y CHARGES
Charges for laboratory tests include the usual laboratory work and the reporting of test results only. Charges for
reduction and/or analysis of test data are based on hourly personnel charges. Charges tor special tests are based
on hourly personnel charges plus a charge of $10.00 per hour for laboratory equipment.
Moisture Content and Dry Density ............................................................ $7.s0
Plasticity Index ............................................................................. 65.00
Wash Analysis, percent passing No. 200 screen ................................................. 34.00
Sieve Analysis, dry.......................................................................... 50.00
Sieve Analysis, including wash ................................................................ 65.00
Combined Analyses, including wash and hydrometer............................................ 125.00
Specific Gravity, non~ohesive 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-Swe11, 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, cohesionless soil ............................................340.00
CBR, Corps of Engineers method, cohesive soil................................................500.00
Compaetion, 4-inch-<liameter mold............................................................. 85.00
Compaction, 6-inch-<liameter mold............................................................ 100.00
Compactioo, Cal-Impact ...................................................................... 95.00
Compaction, check point only................................................................. 35.00
Relative Density, cohesionless soil ........................................................... 125.00
Dynamic Tests.................................................................... Prices on request
Form A, Side 2 (Revised 1/85)
TERMS AND CONDITIONS OF AGREEMENT
This schedule of Terms and Conditions sets forti". the terms and conditions under which Cooper Engineers will provide
consulting engineering services to City of Gilroy
pursuant to our Proposal number 85-114-02 dated May 1. 1985.
CHARGES:
Services performed on a time-and-expense basis will be charged in accordance with Cooper Engineers's current "Schedule of
Charges" detailed on Form A.
Any unusual types of services not specifically covered by the foregoing schedule will be charged at a rate determined to be
equitable in relation to the scheduled rates.
Services performed under lump sum contracts will be charged at the agreed lump sum.
TERMS OF PAYMENT:
The Client's obligation to pay for the services contracted is in no way dependent upon the Client's e.bility to obtain
financing or upon the Client's successful completion of the project. In the absence of specific arrangments to the contrary,
monthly statements will be submitted. Such statements will be due and payable when rendered. To be recognized, any
dispute over charges must be claimed in writing within thirty (30) days of the billing date. Liquidated damages equal to
one and one-quarter percent (1t%) per month from the date of statement will be added to any statement which remains
unpaid more than thirty (30) days from the statement date. If suit is instituted to collect any sum due, Client shall be
liable for such sums as the court may adjudge reasonable for attorney's fees and other costs in such suit. It is expressly
agreed that venue for any such suit shall be, at the discretion of Cooper Engineers, in any court of competer.t jurisdiction
located within the County of Santa Clara, State of California. Cooper Engineers may at its option withhold delivery of
reports and other data pending receipt of payment of all services rendered.
In the event that the Client requests termination of the services prior to completion of a report, Cooper Engineers reserves
the right to complete such analyses and records as may be necessary to place its files in order and, where considered
necessary to protect its professional reputation, to complete a report on the services performed to date. A termination
charge to cover the costs thereof in an amount not to exceed 10 percent (10%) of all charges incurred up to the date of the
stoppage of the services may be made at the discretion of Cooper Engineers.
DOCUMENTATION OF SERVICES:
Any documentary report or tangible item developed and furnished under this agreement is intended solely for the purpose of
communicating and transferring tangible information relating to professional and engineering services.
All documents, including reports and letters, reflecting or summarizing the results of technical studies, analyses,
consultations, field exploration, field inspections or tests, or laboratory test results, prepared by Cooper Engineel'lVshall
remain the property of Cooper Engineers until all fees incurred in their preparation have been paid. The Client agreeifthat
all documentation of services furnished to the Client not fully paid for will be returned to Cooper Engineers upon demand
and will not be used for licensing, permits, design, construction or for any other purpose.
In the absence of prior contractual arrangements, the Client will be entitled to six copies of each technical report. The
Client may later obtain additional copies of the reports at costs based upon the then current fee schedule.
With the exception of technical reports, all documents, including original boring logs, field data, field nt1tes, laboratory test
data, calculations and estimates, are and remain the property of Cooper Engineers.
SCOPE AND EXECUTION OF SERVICES:
Client recognizes that there are risks of earth movement and property damage inherent in Client's iand development and/or
repair activities, and that Cooper Engineers has not been authorized to perform the exhaustive and economically unfeasible
investigations necessary to eliminate such risks. Client and Cooper Engineers expressly agree that all of the .~onsequences
of such risks are totally assumed by Client.
.
Cooper Engineers will serve the Client by providing professional engineering counsel and technical advice. This counsel and
advice is based on information furnished bv the Client and data collected by Cooper Engineers. The Client will make
available to Cooper Engineers all known information regarding existing and proposed conditions of the site, including the
location of all underground utilities and installations, and will immediately transmit any new information which becomes
available or any change in plans. Client and Cooper Engineers agree that Cooper Engineers shall not be responsible for any
soil conditionS not encountered during the course of the services nor shall Cooper Engineers have any liability or
responsibility for losses resulting from inaccurate or incomplete information supplied by Client, and Client agrees to
indemnify and hold harmless Cooper Engineers from any such losses.
Cooper Engineers shall not be responsible for general safety on the job or the work of other contractors and third parties.
Cooper Engineers will diligently proceed with the work contracted for and will submit its report in a timely manner, but it
is expressly agreed and understood that Cooper Engineers shall not be held responsible for delays occasioned by factors
beyond its control, nor by factors which could not reasonably have been foreseen at the time of the execution of the
agreement between the parties.
If the Client is a corporation, the individual or individuals who contract with Cooper Engineers on behalf of the Client
warrant that they are duly authorized agents of the Client and are empowered to so contract.
All samples of soil and rock will be destroyed thirty days after submission of our ('eport unless specific arrangments are
made to the contrary.
In the event that Cooper Engineers submits a proposal, including these Terms and Conditions of Agreement, to provide
professional services and the Client authorizes the work by means of a Purchase Order or other instrument of contract, it is
expressly agreed that these Terms and Conditions are part of the contractual agreement.
In the event the Client makes a claim against Cooper Engineers, at law or otherwise, for any alleged error, omiSSIon or
other act arising out of the performance of professional services, and Cooper Engineers prevails, then the Client shall pay
all costs, including actual attorney's fees, incurred by Cooper Engineers in defending itself against the claim.
LIMITATION OF LIABILITY:
The total cumulative liability of Cooper Engineers to Client with ~espect to services performed or to be performed
pursuant to this agreement whether in contract, indemnity, tort (including negligence, whether active, passive or any other
kind) or otherwise, shall not exceed 100% cf the fee for professional engineering services received by Cooper Engineers
under this agreement or $50,000, whichever is lesser, provided, however, that such liability shall be further limited in the
following respect: in no event shall any action be brought against Cooper Engineers, by Client, or by any partner, principal,
agent, employee, contractor, subcontractor, successor in interest, assignee or other person who performs work on a project
or obtains title to or possession of the project, unless such action is commenced within three (3) years from the date of
completion of services by Cooper Engineers in connection with the project, as such date is established by the final billing to
Client by Cooper Engineers.
Client shall obtain from all such partners, principals, agents, employees, contractors, subcontractors, and all other persons
who perform work on the project or obtain title to or possession of the project, a limitation of the liability of Cooper
Engineers as provided in the paragraph above. In addition, Client shall include in any contract by which any interest in the
project is transferred to any other person a limitation of the liability of Cooper Engineers as provided above, and such
contract shall further bind such person to obtain a like limitation in favor of Cooper Engineers from its own successors, and
their successors in interest from their own successors.
Client agrees to indemnify and hold harmless Cooper Engineers against any and all loss, damage, liability, claim, demand,
suit or cause of action, inc1.uding the expense of any defense thereof resulting fl'om any failure on the part of Client to
obtain such limitations of liability.
Form B (Rev. 1/83)
/)
L.~jproved..- i-~.-/' ~'r~:
^ IJL/L{ i.-' I .-
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CIty Attornev I
I
CONSUL liNG ENGINEERS
658 Bair Island Road
Redwood City, California 94063-2777
415-367-9510
SHORT FORM PROPOSAL
TO: The City of Gilroy DATE: May 13, 1986
c/o Clark, Stomquist &. Sandstrom
940 East Meadow Drive FOR ACCEPTANCE PROPOSAL #86-082-02
Palo Alto, California 94303
CLIENT: The City of Gilroy
BILLING ADDRESS: same as above
ATTN: Mr. Ernie O. Erickson
Following a conversation with Mr. Erickson on May 12, 1986, this proposal summa-
rizes services we are prepared to perform, and suggests contract arrangements as
follows:
SITE LOCATION:
City of Gilroy Police Department, Gilroy, California
PROJECT DESCRIPTION:
Proposed New One-Story Police Station with Basement
SCOPE OF OUR SERVICES: Perform full-time or intermittent observation and
testing services during grading and foundation installation for the proposed new
Police Station. An estimate for soils observation and testing services is as follows:
Foundation installation (including basement
excavation shoring and tie-backs)
10 half-time days at $200................................ $2,000
Wall backfilling
8 half-time days at $200................................$1,600
Grading of parking lots and utility trench backfilling
5 half-time days at $200 . ...... ... . . ... . .. . . . . . . . . .. . . .. $1,000
Laboratory testing during grading and the final report
Lump Sum............................................... $ 600
TOTAL ........... $5,200
We are to perform our services on a time-and-expense basis and in accordance with
the attached "Schedule of Charges" and llTerms and Conditions of Agreement'\ The
total fee for these services is on the order of $5,200 and would not be exceeded
without your prior written approval.
The City of Gilroy
May 13, 1986
Page 2
Please sign below and return one copy to indicate acceptance of this proposal and
its attachments.
COOPER ENGINEERS, INC.
BY~~~
JO~ M. PILLING
s 1'<> { 86
JMP /dme
(3 copies submitted)
Attachments:
Form A (Revised 1/85)
Form B (Revised 1/83)
-
1985 SCHEDULE OF CHARGES
A new schedule of charges is issued at the beginning of each year. Unless other arrangements have been made,
charges to all projects, including those continuing from previous years, will be based on the latest schedule of
charges. "Terms and Conditions of Agreement" (Form B, Rev. 1-83) forms an express part of this "Schedule of
Charges" .
PERSONNEL CHARGES
Individual billing rates, based on actual salaries, are used in determining project charges.
determined in accordance with Manual No. 45 of The American Society of Civil Engineers.
the various employee classifications are as follows:
These billing rates are
Current billing rates for
Hourly
Persamel Billing Rate
Support Services (TeChnical Typing, Reproduction, Technical Editing, etc.)....................... $ 20-33
Drafter, Administrative Assistant, Junior Engineer, Geologist,
or Union Engineering Technician (ET)....................................................... 27-42
Engineer, Geologist, Industrial Hygienist, Environmental Planner,
or Union Senior Engineering Technician (SET 1) ... ... .. ......... ............ .. .. ............ 36-50
Senior Engineer, Geologist, Senior Industrial Hygienist, Senior
Environmental Planner, or Union Senior Engineering Technician (SET 2)........................45-70
Supervisory Engineer, Geologist, or Project Manager .............................................60-90
Principal... . .. .. .... .............. . .. ... ... . .......... . . .. .... ..... . ... ... . .. .. ... .... ......70-100
Senior Principal........................................................................... .100-150
Personnel charges are for technical work. Charges are made for technical typing and for the time and costs of
compiling and printing technical reports. Direct charges are not made for office management.
For other than professional employees, all time spent over eight hours per day and all Saturday work will be
charged at Ii times the hourly billing rate. All Sunday work will be charged at 2 times the hourly billing rate, and
holiday work will be charged at 2i times the hourly billing rate. All field personnel charges are portal-to-portal.
Premium charges are not made for overtime work by professional employees, with the exception of weekend field
work requested by client.
For field inspection services, the minimum personnel charges are as follows:
Show-up time = 2 hours
Inspection services 2 to 4 hours
Inspection services 4 to 8 hours
4 hours
8 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 charge for a court appearance as an expert witness is $1,200 per day or any portion thereof plus
expenses. Preparation for a court case or giving deposition for a court case will be charged at Ii times the
regular hourly rates.
When outside the continental United States, employees' total salary costs are increased by the premium customarily
paid for work at that location.
EQUIPMENT CHARGES
The following charges are for special equipment and are in addition to personnel charges:
Field vehicles equipped with testing or sampling equipment, per hour (portal-to-portal)............ $3.00
Printing and Reproduction, per sheet.......................................................... 0.25
Car or Pick-up Truck, per mile ......... .. .. .. . .. .. .. .. .. .. .. .. . .. . .. .. .. . .. . .. . .. .. .. .. .. .. .. 0.5 0
Drill Rig Rental and Operation..................................................... .Cost plus 15 %
Sampling Equipment, per sample............................................................... 4.00
Nuclear Density Gauge, per hour.............................................................. 4.00
Other Special Equipment ......................................................... Prices on request
Equipment in transit to or from the job site, or retained by the client on a standby basis, is billed on the basis of
four hours per calendar day, or at actual cost (plus 15%) in case of equipment which is leased or subleased or
otherwise arranged for by Cooper Engineers through its subcontractors or others.
If equipment is exposed to unusual climatic conditions, an appropriate charge will be made for resultant abnormal
deterioration.
Form A, Side 1 (Revised 1/85)
-
MISCELLANEOUS CHARGES
Charges for special or unusual outside servIces are computed or. the basis of cost plus 15 %. Some examples of such
outside services are:
Printing and reproduction
Rented cars or pick-up trucks
Transportation on public carriers
Special fees, permits, insurance, etc.
Rented heavy equipment
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-expense basis.
Telegrams or long distance telephone calls
Shipping charges
Meals and lodging
Craftsmen and laborers
LABORATORY CHARGES
Charges for laboratory tests include the usual laboratory work and the reporting of test results only. Charges for
reduction and/or analysis of test data are based on hourly persoonel 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 ............................................................ $7.50
Plasticity Index............................................................................. 65.00
Wash Analysis, percent passing No. 200 screen .................................................34.00
Sieve Analysis, dry .......................................................................... 50.00
Sieve Analysis, including wash ................................................................ 65.00
Combined Analyses, including wash and hydrometer ............................................125.00
Specific Gravity, non-eohesive 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
Shri nk-8well , 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, cohesionless soil............................................ 340.00
CBR, Corps of Engineers method, cohesive soiL............................... .. .. . .. .. .. . .. .. 500.00
Compaction, 4-inch-diameter mold............................................................. 85.00
Compaction, 6-inch-diameter mold............................................................ 100.00
Compaction, Cal-Impact ...................................................................... 95.00
Compaction, check point only................................................................. 35.00
Relative Density, cohesionless soil ........................................................... 125.00
Dynamic Tests.................................................................... Prices on request
Form A, Side 2 (Revised 1/85)
TERMS AND CONDITIONS OF AGREEMENT
This schedule of Terms and Conditions sets forth the terms and conditions under which Cooper Engineers will
provide consulting engineering services to The Ci tv of Gi 1 ray
pursuant to our s hart form proposal #86-082-02 dated May 13, ] 986
CHARGES
Services performed on a time-and-expense basis will be charged in accordance with Cooper Engineers current
"Schedule of Charges" detailed on Form A.
Any unusual types of services not specifically covered by the foregoing schedule will be charged at a rate
determined to be equitable in relation to the scheduled rates.
Services performed under lump sum contracts will be charged at the agreed lump sum.
TERMS OF PAYMENT
The Client's obligation to pay for the services contracted is in no way dependent upon the Client's ability to obtain
financing or upon the Client's successful completim of the project. In the absence of specific arrangments to the
contrary, monthly statements will be submitted. Such statements will be due and payable when rendered. To be
recognized, any dispute over charges must be claimed in writing within thirty (30) days of the billing date.
Liquidated damages equal to one and one-quarter percent (It%) per month from the date of statement will be added
to any statement which remains unpaid more than thirty (30) days from the statement date. If suit is instituted to
collect any sum due, Client shall be liable for such sums as the court may adjudge reasonable for attorney's fees
and other costs in such suit. It is expressly agreed that venue for any such suit shall be, at the discretim of
Cooper Engineers, in any court of competent jurisdiction located within the County of Santa Clara, State of
California. Cooper Engineers may at its option withhold delivery of reports and other data pending receipt of
payment of all services rendered.
In the event that the Client requests termination of the services prior to completion of a report, Cooper Engineers
reserves the right to complete such analyses and records as may be necessary to place its files in order and, where
considered necessary to protect its professional reputation, to complete a report on the services performed to date.
A termination charge to cover the costs thereof in an amount not to exceed 10 percent (10%) of all charges
incurred up to the date of the stoppage of the services may be made at the discretion of Cooper Engineers.
DOCUMENTA TION OF SERVICES
Any documentary report or tangible item developed and furnished under this agreement is intended solely for the
purpose of communicating and transferring tangible information relating to professional and engineering services.
All documents, including reports and letters, reflecting or summarizing the results of technical studies, analyses,
consultations, field exploration, field inspections or tests, or laboratory test results, prepared by Cooper Engineers
shall remain the property of Cooper Engineers until all fees incurred in their preparation have been paid. The
Client agrees that all documentation of services furnished to the Client not fully paid for will be returned to
Cooper Engineers upon demand and will not be used for licensing, permits, design, construction, or for any other
purpose.
In the absence of prior contractual arrangements, the Client will be entitled to six copies of each technical report.
The Client may later obtain additional copies of the reports at costs based upon the then current fee schedule.
With the exception of technical reports, all documents, including original boring logs, field data, field notes,
laboratory test data, calculations and estimates, are and remain the property of Cooper Engineers.
SCOPE OF EXECUTION OF SERVICES
Client recognizes that there are risks of earth movement and property damage inherent in Client's land development
and/or repair activities, and that Cooper Engineers has not been authorized to perform the exhaustive and
economically unfeasible investigations necessary to eliminate such risks. Client and Cooper Engineers expressly
agree that all of the consequences of such risks are totally assumed by Client.
Form B, Side 1 (Revised 1/83)
-
?
Cooper Engineers will serve the Client by providing professional engineering counsel and technical advice. ThIS
counsel and advice is based on information' furnished by the Client and data collected by Cooper Engineers. The
Client will make available to Cooper Engineers all known information regarding existing and proposed conditions of
the site, including the locatim of all underground utilities and installations, and will immediately transmit any new
information which becomes available or any change in plans. Client and Cooper Engineers agree that Cooper
Engineers shall not be responsible for any soil conditions not encoontered during the course of the services nor snall
Cooper Engineers have any liability or responsibility for losses resulting from inaccurate or incomplete information
supplied by Client, and Client agrees to indemnify and hold harmless Cooper Engineers from any such losses.
Cooper Engineers shall not be responsible for general safety on the job or the work of other contractors and third
parties.
Cooper Engineers will diligently proceed with the work contracted for and will submit its report in a timely manner,
but it is expressly agreed and understood that Cooper Engineers shall not be held responsible for delays occasioned
by factors beyond its control, nor by factors which could not reasonably have been foreseen at the time of the
execution of the agreement between the parties.
If the Client is a corporation, the individual or individuals who contract with Cooper Engineers on behalf of the
Client warrant that they are duly authorized agents of the Client and are empowered to so contract.
All samples of soil and rock will be destroyed thirty days after submission of our report unless specific arrangments
are made to the contrary.
lr. the event that Cooper Engineers submits a proposal, including these Terms and Conditions of Agreement, to
provide professional services and the Client authorizes the work by means of a Purchase Order or other instrument
of contract, it is expressly agreed that these Terms and Conditions are part of the cmtractual agreement.
In the event the Client makes a claim against Cooper Engineers, at law or otherwise, for any alleged error,
omission, or other act arising out of the performance of professional services, and Cooper Engineers prevails, then
the Client shall pay all costs, including actual attorney's fees incurred by Cooper Engineers in defending itself
against the claim.
LIMITATION OF LIABILITY
The total cumulative liability of Cooper Engineers to Client with respect to services performed or to be performed
;>ursuant to this agreement whether in contract, indemnity, tort (including negligence, whether active. passive, or
any other kind) or otherwise, shall not exceed 100% of the fee fer professional engineering services received oy
Cooper Engineers under this agreement or $50,000, whichever is lesser, provided, however, that such liability shall
be further limited in the following respect: in no event shall any action be brought against Cooper Engineers by
Client, or by any partner, principal, agent, employee, contractor, subcontractor, successor in interest, assignee, or
other person who performs work on a project or obtains title to or possession of the project, unless such action is
commenced within three (3) years from the date of completim of services by Cooper Engineers in connection with
the project, as such date is established by the final billing to Client by Cooper Engineers.
Client shall obtain from all such partners, principals, agents, employees, contractors, subcontractors, and all other
persons who perform work on the project or obtain title to or possession of the project, a limitation of the liability
of Cooper Engineers as provided in the paragraph above. 'In addition, Client shall include in any contract by which
any interest in the project is transferred to any other person a limitation of the liability of Cooper Engineers as
provided above, and such contract shall further bind such person to obtain a like limitation in favor of Cooper
Engineers from its own successors, and their successors in interest from their own successors.
Client agrees to indemnify and hold harmless Cooper Engineers against any and all loss, damage, liability, claim,
demand, suit, or cause of action, including the expense of any defense thereof resulting from any failure on the
part of Client to obtain such limitations of liability.
Form B, Side 2 (Revised 1/83)