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09-015 Jana Sokale AGREEIMENT CITY OF CUI~ERTINO 10300 Torre Avenue I~Y~ Cupertino, GA 95014 ~ 4 l 408-777-3200 NO.~ (~'°S BY S AGREEMENT, made and entered into this 21 gt day of January, 2009, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and Jana Sokale, 7788 Hazelnut Drive, Fremont, CA 94660, Phone: 510-793-3490 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following spE:cified services and/or materials: Provide fund development and consulting services for Stevens Creek Corridor Park artd Stream Restoration Phase 2 and associated Stocklmeir orchard rehabilitation project per the attached scope of services. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: , EXHIBIT A -SCOPE EXHIBIT B -FEE PROPOSAL TERMS: The services and/or materials furnished under this Agreement shall be completed before Fe~bruar~ 28, 20~ , COMPENSATION: For the full pertormance of this Agreement, CITY shall pay CONTRACTOR an amount not to exceed $14,900.00 and per the attachE~d Exhibits A and B. 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 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 employrent 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 C!TY shall be: ENTERED 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: By ~ By ' Titl ~ Terry W. Greene, City Architect Soc. Sec. # or Tax I.D. D 3 3 - 3E~-39 S~8 ' APPROVA EXPENDITURE DISTRIBUTION T N ~ DA~E~ ~ ~ ~ 427-9112-9300 544,900.00 CITY C DAT~_~ IO ~ rJ EXHIBIT A - TASK/FEE BREAKDOWN City of Cupertino Stevens Creek Corridor Park and Creek Restoration Project Phase 2 Preliminary Planning and Grant Development PP RATE GW RATE CE RATE TOTAL Task TASK DESCRIPTION HRS $115.00 HRS $95.00 HRS $55.00 FEES I. FUND DEVELOPMENT 1. Prepare 2 Grant Applications for CA River Parkways Program and Urban Streams Restoration Program 72 $6,840.00 $6,840.00 2. Provide Administrative Support for Grants, Followup, Attend Site Visits with Grantors, Secure Letters of Support 12 $1,140.00 $1,140.00 3. Identify other Potential Funding Opportunities for Phase 2 8 $ 920.00 $920.00 II. PRELIMINARY PLANNING 1. Provide services for preliminary planning, environmental coordination, and development of project scope and budgetary allowances 16 $ 1,840.00 $1,840.00 III. CONSULTANT SUPPORT 1. Provide on-call services for ro'ect tannin and develo ment 12 $ 1,380.00 $1,380.00 TOTAL PROFESSIONAL SERVICES 36 $ 4;140.00 R4 $7;ggn,n0 $12,12n.nn SUBCONSULTANT ALLOWANCE - Balance H drolo ics, re are exhibits $ 1,000.00 $1,000.00 ADDITIONAL SERVICES ALLOWANCE -other environmental services $2,500.00 TOTAL REIMBURSABLE EXPENSES $280.00 TOTAL SERVICES $ 4,140.00 $ 7,980.00 $14,900.00 Exhibit A -Page 1 of 1 J Sokale SCCP Amend. No. 2 Fee Proposal Revised February 6, 2009 EXHIE~IT A SCOPE OF fiERVICES Stevens Creek Corridor Park anal Restoration Project, Phase 2 This proposal is for grant development and administration services and for preliminary planning, feasibility, environmental coordination and consultant support for the Stevens Creek Corridor Park and Restoration Project, Phase 2. Basic Services shall include all professional services required to perform the scope of work outlined herein. TASK I: FUND DEVELOPMENT lA. Prepare California River Parkways (CRP) Grant Application for Phase 2 1B. Prepare Urban Streams Restoration (USR) Grant Application for Phase 2 2. Provide Additional Follow-up for CRP and USR Grants -Secure Letters of Support, Respond to Grantor Questions, Attend Site Visits with Grantors, as needed 3. Identify other potential funding opportunities for Phase 2 TASK II: PRELIMINARY PLANNING 1. Provide services relating to the preliminary planning and environmental coordination for Phase 2. Provide data and assist in development of project scope and budgetary allowances for capital project planning including design and construction phasing alternatives. TASK III: CONSULTANT SUPPORT 1. Provide on-call services to assist in planning; and development for Phase 2 project activities as requested. FEE PROPOSAL The cost for basic services will not to exceed $12,1.20 without prior written authorization. A subconsultant allowance of $1,000 for exhibits an~i a reimbursable expenses allowance of $280 are suggested. An additional services allowance of $2,500 is proposed, to be expended only upon written authorization by City. The total cor?tract cost will not exceed $14,900. The will be billed on a time and materials basis in accordancE~ with the attached Task/Fee Breakdown. OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • C:UPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 _ WEBSITE: www.cupertino.org CUPERTINO February 25, 2009 Jana Sokale 7788 Hazelnut Drive Fremont, CA 94560 To Whom It May Concern: Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK'S OFFICE Enclosure