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07-075, Hill Assoc. to provide Prof. services AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 h06/7 NO. t1lJ7) s-r6S- ~ BY THIS AGREEMENT, made and entered into this _day of _ 2007 . by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) HILL ASSOCIATES Address 479 North Santa Cruz Avenue, City Los Gatos Zip 95030 Phone 408-395-2165 (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: CONSTRUCTION DOCUMENTS, COST ESTIMATE AND OTHER PROFESSIONAL SERVICES RELATIVE TO THE ROLLING HILLS 4-H FACILITY EXPANSION PER ATTACHED PROPOSAUEXHIBIT A. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A - MAY 1, 2007 PROPOSAL FROM HILL ASSOCIATES EXHIBIT B - FEE SCHEDULE EXHIBIT C - INSURANCE REQUIREMENTS TERMS: The services and/or materials furnished under this Agreement shall commence on ~/t-~/S. ~7 and sh II be completed before DECEMBER 15. 2007 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: AN AMOUNT NOT TO EXCEED $45,000.00 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. ::fj GENERAL TERMS AND CONDITIONS ENTERED Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employee rom 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 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 CITY shall be: NAME Gail Seeds. Proiect Manaaer DEPARTMENT Parks & Recreation 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: ~ By Bruce Hill (?ir::t;--c ~~ Title Hill Associates /l(JIlJ!'l J//1:t- Soc. Sec. #orTax 1.6. ~~~~~d.utl- Title Public Works Director EXPENDITURE DISTRIBUTION $45,000.00 EXHIBIT A May 4, 2007 Ms. Therese Ambrosi Smith Cupertino Parks and Recreation 10300 T orre Avenue Cupertino, CA 95014 PROJECT: Rolling Hills Four H Facility Expansion Cupertino, CA SUBJECT: Proposal for Consulting Services - Revised Dear Therese: Thank you for inviting Hill Associates to submit a proposal for the Rolling Hills Four H Facility Expansion project at McClellan Ranch. I am pleased to submit this proposed agreement to provide Consulting Services for the project according to the following Scope of Work and Compensation: For this project, we have selected B. A. Zhudi, Consulting Engineers, to provide civil and structural engineering services and Elcor Electric to provide electrical design services. ARTICLE I - GENERAL We understand that the City of Cupertino plans construct a new pole barn and fenced paddock area adjacent to the existing Rolling Hills Four H Pole Barn at McClellan Ranch, as shown on the Preliminary Master Plan. The new pole barn shall be constructed to visually match the existing pole barn, but will not be connected to the existing structure. In addition to the new pole barn and fenced paddock, two kidding pens a quarantine pen, and a milking parlor will be installed adjacent to the existing tack room. The pens and milking parlor structures will rest on a poured-in-place concrete slab and be prefabricated or 'kit' -type structures. All flooring will be natural gray poured-in-place concrete. The new pole barn design shall be pressure treated posts with wooden truss supports and corrugated metal sheets, to match the existing roof design. The post/ wood truss support system shall be designed to accommodate the weight of future electrical solar cell collector units (N.r.C), which will be installed on the south facing portion of the roof, during a future phase of construction. The new pole barn electrical system will include three overhead spotlight fIxtures and waterproof duplex outlets which will be installed overhead at each new stall. Compact fluorescent lights will be installed at the milking parlor, quarantine pen, both of the new kidding pens and in the paddock adjacent to the existing duck pen. Motion detector activated security lighting behind the existing Tack Room building will also be included in the scope of the electrical design work. Utility design for the project will include a storm drain system to collect storm water runoff from the pole barn roof gutters, and a sanitary sewer drain system for wastewater runoff associated with the animal pens. The sanitary sewer will connect to the existing sanitary sewer manhole located on the topographic survey prepared by I<1er and Wright. Plumbing will include potable water hose bibs at each new stall area. The security fence for the paddock area will be 8' high and composed of pressure treated wood posts and wire mesh fabric. The fence will extend around the perimeter of the facility, as shown in the Preliminary Master Plan. It is anticipated that the project will be constructed by the San Jose Conservation Corps and will require structural engineering, civil engineering, electrical engineering, and landscape architecture services. The project will require Design Development documents, Construction Documents and Construction Administration Services. ARTICLE II - BASIC SERVICES PROVIDED Task A: Design Development Phase 1. We will meet with the Design Team to fInalize the design program, project schedule and construction budget for the project. 2. We will review the site topographic survey, prepared by Kier and Wright. 3. We will visit the site to visually confltm and assess existing conditions data provided by the topographic survey. We will identify the species of the existing native heritage trees and non-native ornamental trees impacted by the project. 4. We will prepare digital Basesheet for the Construction Documents based on information supplied by the topographic survey drawings. 5. We will prepare the following Design Development Documents (65%) at an agreed upon scale, Auto cad r.2000 format: a. Title/Cover Sheet b. Existing Conditions/Demolition Plan c. Site Plan d. Grading Plan e. Drainage Plan f. Site Utility Plans g. Erosion Control Plan h. Grading and Drainage Details i. Earth Quantities and Drainage Calculations j. Horizontal Control Plan k. Pole Barn Construction Details 1. Pole Barn Structural Framing Details m. Security Fence structural details n. Structural Framing Calculations and Details o. Electrical Site Plan/Wiring Diagram (conform to National Electric Code) p. Project Technical SpecifIcations 5. We will prepare an Analysis 0 fProbable Construction Costs for the project. 6. We will meet with the Design Team periodically to review the plans, technical specifIcations, project schedule and milestones. Task B: Construction Document Phase 1. We will prepare 'draft' 100 per cent Construction Documents for City review. 2. We will prepare 100 per cent construction Documents for bidding and constructing the project. 3. During bidding, we will provide written responses to bidder inquiries. 4. We will prepare addenda, if required, for the project. Task C: Construction Administration Services 1. We will promptly review shop drawings and submittals for the Landscape Construction Documents portion of to the work. 2. We will visit the project site (maximum site visit time, 10 hours) to become generally familiar with the progress and quality of the work and advise the City whether the work is proceeding in accordance with the Landscape Construction Documents and design intent. The Landscape Architect will not be required to make exhaustive or continuous on-site inspections to check the quality or quantity of the work; the City inspector will provide the continuous on site inspections, ordering testing of materials and associated duties. 3. We will prepare design modifIcations or clarifIcation to the Landscape Construction Documents as necessary in a timely manner. 4. We will assist the City in preparing any necessary contract change orders. 5. We will prepare fInal record drawings based on contractor-provided mark ups. 6. We will perform a pre-maintenance inspection and report 7. We will perform a fInal inspection and project close out report. ARTICLE III. - ADDITIONAL SERVICES The following services are not covered under the Basic Services outlined above. These services shall be provided by the Landscape Architect on the terms and conditions authorized in advance by the City of Cupertino in writing. A. Provide financial feasibility studies, environmental studies or other special studies not itemized under Article I - Basic Services. B. Provide graphics and/or copy for signs. C. Attend additional meetings with outside agencies, City staff, or Agencies beyond the number described under Basic Services, and shown attached Task/Fee spreadsheet. D. Make revisions to plans, schedules, specifications, or other documents for bidding and constructing the project due to the enactment or revision of codes, laws, or other regulations adopted subsequent to the preparation of such documents. E. Provide copies of final Landscape Construction Documents for bidding and construction purposes. F. Provide plans, specifications and/or other supporting data in connection with construction contract change orders when the compensation to the Landscape Architect resulting from the adjusted project construction cost is not commensurate with the series required of the Landscape Architect, provided that such contract change orders are not required by design errors or omissions by the Landscape Architect, or conditions not within control of the Landscape Architect. G. Provide consultation concerning the replacement of any work damaged by fire or other causes and furnish services as may be required in connection with the replacement of such work. H. Provide services made necessary by the default of any contractor or supplier by major defect or deficiencies in their work or by failure of he performance of either the City or the construction contractor under the contract for the construction work. I. Prepare to serve or serve as an expert witness for any legal proceedings unless such legal proceeding is necessitated by design errors or omissions by the Landscape Architect. K. Provide for the services of professional consultants (other than the Landscape Architect's design team), at the City's request, for assistance which does not fall within the scope of Basic Services. L. Provide construction staking. M. Modify plans or specifications to meet a reduction in construction budget if the construction budget is reduced by more than 10 percent after its approval by the Engineer at the completion of the design development phase. N. Provide revisions or additional meetings as necessary if permitting by outside agencies changes the approved design. O. All blueprinting, reproduction and delivery charges will be billed as "Reimbursable "Items" and are not a part of this proposal for services. P. The cost of soils testing (required). Q. Construction Staking services. ARTICLE IV - FEES AND COMPENSATION TO THE LANDSCAPE ARCHITECT In the attached spreadsheet, the separate work tasks required for successful completion of the Four H Facility Renovation project are listed along with the corresponding man-hours and labor costs. Each team member is shown with hourly billing rates and the total labor cost of their respective involvement in the project. We have identifIed a total labor cost of $40,335.00 for Consultant Services. Excluded are the costs of any additional consultants. The cost of reproduction, delivery and blueprinting services is included, up to a maximum of $300.00. The fIgures cited here represent a preliminary estimation of costs based on judgments about task duration and personnel requirements. Revisions may be necessary should contract negotiation occur. Compensation for Additional Services shall be for the actual professional time required at our standard hourly billing rates, reviewed annually, which are currently: Principal, $150.; Associate, $95.; CAD Drafter, $75.; Admin. $45. If after reviewing the preceding proposal, you fInd it acceptable and have no further questions, please issue a standard form of Agreement with the above information incorporated. 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'<t" f:;h f:;h f:;h f:;h 00 0 ........ 0 0 ........ 00 f:;h ~ 0 If') ~ If') r-- O\~ ~ f:;h o 0 <'l 0 o o O\~ ........ f:;h o 0 \D 0 o o o O\~ f:;h ci5cn r:z:::~ O~ O~ :I:Z Z~ ~tn ..... ~ ~O O~ ~E-- E--O OE-- E-- :-e t .~ ~ ....c:: Q) tl ~ ~ .~~ '0 ~ ~ ~ ~ ~ ........ 0 ~ ~ U S B ~ ::r: u g VJ EXHIBIT C INSURANCE REQUIREMENTS Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. Contractor shall maintain limits no less than: 1. General Liability: (Including products-completed operations, personal & advertising injury. $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. Deductibles and Self Insured Retentions Any deductibles or self-insured retentions must e declared to and approved by the City. The City may require the Contractor to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Other Insurance Provisions The general liability and automobile liability policies are to contain, or be endorsed to contain the following provisions: 1. The City its officers, officials, employees and volunteers are to be covered as insured's with respect to liability arising out of work or operations to be performed by or on behalf of the Contractor. 2. For any claims related to this project, the Contractors insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the city, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 3. The insurance company agrees to waive all rights of subrogation against the City, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the Named Insured for the Agency. 4. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days' prior written notice (10 days for no-payment) has been given to the City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide claims made coverage, the Entity requires that coverage be maintained for a period of 5 years after completion of the contract. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Waiver of Subrogation Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the Entity by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the city has requested or received a waiver of subrogation endorsement from the insurer.