08-100 Balance Hydrologics Stevens Creek Corridor Park AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
; Cupertino, CA 95014 / ~
V 408-7'~7-3200 NO. b /
BY THIS AGREEMENT, made and entered into this 20th day of August, 2008, by and between the CITY OF
CUPERTINO~(hereinafter referred to as CITI~ and B~ilance Hydrologics, 800 Bancroft Way, Suite 'i01,
Berketey, CA 94710, Phone: 510-704-1000 (hereinaft~r referred to as CONTRACTOR), in consideration of
their mutual covenants, the parties hereto agree as follc~ws:
CONTRACTOR shall provide or fumish the following sF~ecified services and/or materials:
Provide hydrological consulting services for Stevens Creek Corridor Park, Project 9112, including design
services and construction phase support, per the attacr~ed scope of services.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXFiIBIT A - PROPOSAL
EXHIBIT B - FEE SCHEDULE
EXHIBIT C - INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on August 1, 2008
and shall be completed before December 15, 2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $46 0.00 and per the attacl~ed Exhibit A.
Califomia Labor Code, Section 1771 requires the payment of preve~iling wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CQND(TIONS
Hold Harmless. Contractor agrees to save and hold harmless thes City, its officers, agents and employees from any and all damage
and liabifity due to negfigence, errors and omissions, including z.ll costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be fiable for acts of C~~ntractor in perForming services described herein.
Insurance. Should the City require evidence of insurability, Contra~:tor shall file with City a Certificate of Insurance before commencing
any services under this Agreement. Said Certificate shall be subjeci to the approval of City`s Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the emplnyment of persons under this Agreement because of the race, color,
natianal origin, ancestry, religion or sex of such person.
(nterest of Contractor. It is understood and agreed that this F~greement is not a contrect of employment in the sense that the
relationship of master and servant exists between City and undersicined. At all times, Contrador shall be deemed to be an independent
contractor and Contractor is not author"¢ed to bind the City to any amtracts or other obligations in executing this agreement. Contractor
ceR~es 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 witfiout 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: ,
F.~ .
~ ~~~~D
NAME: Terry W. Greene, AIA DEPARTMErJT: Public Works
This Agreement shall become effective upon its executian by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written above.
CONTRACTOR~ CITY OF CUPERTINO:
By ~ • ~ ~ gy .~,~~~'iqu'`--~-
Title i~-~-~'" Terry W. Greene, City Architect
Sec. # r
ao
T x I.D. ~
APPROVALS EXPENDITURE DISTRIBUTION
EN ~ - DATE _
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EXHIBIT A-1. Stevens Creek Construction Administration Support 2008
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~ a ~ o a o cn o o Q o ~ o ~ a c~ ~ ~ Q ~ u~ a~i ~bor Costs For
in a a a ~ a a ~ ~ Task
Task Number and Description
Hourl Rate $135 $125 $120 $80
EB,SMC JO NN
Task 1: Construction Administration
Field reviews, respond to RFI's, issue clarifications, oversee
installation of cross vanes, J hooks, boulder toe, slope &
channel grading and stabilization, assist with rewatering plan
August 11-15, 2008 17.5 17.5 $4,550
August 18-22, 2008 17.5 17.5 $4,550
August 25-29, 2008 17.5 17.5 $4,550
September 1-5, 2008 17.5 17.5 $4,550
Task 2: Design Services at Scenic Bridge reach 30 70 $12,450
Provide design of wall removal, riprap removal, slope laybacks at
bridge to Fallen Oak/Scenic Circle; provide supporting hydrological data;
provide oversight during construction, provide stamped stand-alone plan sheets
$13,370
Task 3: Othe~ CA Services
Regrade west bank channel and Horseshoe Bend to provide extra clearance
to large trees; redesign channel at bridge to protect large oak & allow bridge
adjustment; regrade parking lot reach to provide channel variability; provide
field review of seeps & drainage corrections at Horseshoe Bend
Subtotal Hours 100 70 70
Total Hours 240
Note a.: We have assumed a 7.0 hour work day for each additional day spent on site with 105 miles driving TOTAL LABOR 544,020.00
Note e.: This would cover 4.5 hours on site and 2.5 hours travel
Nore c_: Task 2.0 would not be initiated with explicit authorization from the City of Cupertino
02007 Balance Hydrologics, Inc.
Balance Contract fee OS-21-08 gs (4).xls, Table 1, 9/24/2008
EXHIBI7' A-2
Estimated Cost
Professional Fees Rate Hours Allocation
Sr. Principal $0 0 $0.00
Principal $135 100 $13,500.00
Senior Professional $30,650.00 $125 70 $8,750.00
Project Professional $0 0 $0.00
Senior Staff Professiona~ $120 70 $8,400.00
Staff Professional $0 0 $0.00
Assistant Professional $0 0 $0.00
Junior Professional $0 0 $0.00
GIS Senior Analyst $0 0 $0.00
GIS/CADD Specialist $80 0 $0.00
Graphics Specialist $0 0 $0.00
Senior Project Administrator $0 0 $0.00
Senior Report Specialist $0 0 $0.00
Technical Typist $0 0 $0.00
Hydrologic Technician $0 0 $0.00
Labor Subtotal (Table 1) $44,020.00
Expenses
Direct Expenses
trips mileage
Mileage 20 105 miles @ $0.58 $1,218.00
Mileage, 4-Wheel Drive'` miles @ $0.61 $0.00
Equipment Costs (see Table 3) $0.00
Per Diems @ $0.00
Reimbursable Costs
Other Travel, Subsistence trips @ $0.00
Express Mail, Deliveries $0.00
Maps and Aerial Photos $0.00
Record Drawing Set $50.00
Outside Consultants $0.00
Analytical Laboratory Fees $0.00
Materials and Supplies $0.00
Permits, Licenses or Agency Inspection fees ~ c?ientre~sponsibility $0.00
Other . $0.00
Expenses Subtotal $1,268.00
ESTIMATED TOTAL $45,288.00
Contingency $712.00
Notes TOTAL w/ CONTINGENCY $46,000.00
' 4WD rates apply only if required by site conditions. See Balance policy re 4WU.
Balance Contract fee 08-21-08 gs (5).xls, Table 2, 9/24/2008 02007 Balance Hydrologics, Inc.
EXHIBIT C
INSURANCE REQUIREMENTS
CONTRACTOR shall procure and maintain for the duration of the contract insurance against
ciaims 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/her
agents, representatives, employees or subcontractors. CONTRACTOR shall maintain at all times
during the performance of the Agreement the followirig insurance and endorsements:
A. Workers' Compensation and Employer's Liab!lity Insurance:
Workers' compensation insurance indicating compliance with State's workers'
compensation laws and employer's liability insurance with a minimum of one million dollars
($1,000,000.00) per accident for injury, death or disease to any employee, or statutory
limits. The policy shall contain an endorseme~nt waiving all rights of subrogation against the
City, its officers, officials, employees or volunteers.
B. Professional Liability, General Liability and Automobile Liability Coverage:
1. Automobile Liability Insurance shall iriclude coverage for bodily injury and property
damage for owned (if any), hired and non-owned vehicles and shall not be less than
one million dollars ($1,000,000.00), combined single limit for any one occurrence.
2. Comprehensive or Commercial General Liability Insurance shall include coverage
for bodily injury, property damage ~~nd personal injury for premises operations,
product/completed operations and cor~tractual liability. The amount of the insurance
shall not be less than one million dollars ($1,000,000.00) per occurrence and two
million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made
policies are not acceptable.) Consultant shall also provide aggregate limits
endorsement and primary insurance endorsement.
3. Professional Liability Insurance (in~~luding Contractual Liability) shall include
coverage for claims for professional acts, errors or omissions and shall not be less
than one million dollars ($1,000,0~~0.00) per claim and one million dollars
($1,000,000.00) in the aggregate.
C. Additional Insurance Provisions
1. The CITY shall have the right to insp~~ct or obtain a copy of the original policies of
insurance.
2. The general and auto liability policiE:s shall be endorsed to name the City, its
officers, officials, employees or voluntf;ers as insureds for liability arising out of work
or operations performed by or on beh~~lf of the Consultant including materials, parts
or equipment furnished in connection ~nrith such work or operations. General liability
coverage can be provided in the form of an endorsement to the ConsultanYs
insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a
separate Owner's and Contractor's Pr~~tective Liability Policy, or on the Entity's own
form.
3. The Generaf, Auto, and Professional I_iability policies shall be endorsed to provide
primary insurance coverage for all claims related to the services provided under this
contract.
4. CONSULTANT shall furnish to the CITY within 15 days following the execution of
this Agreement, the required certific,~tes and endorsements. The certificate of
insurance shall state the policy will nc~t be cancelled without thirty (30) days written
notice to the CITY (or 10 days notice for cancellation due to nonpayment).
5. All policies, endorsements, certificates, and/or binders shall be subject to approval
by the City Manager of the City of Cupertino as to form and content. These
requirements are subject to amendment or waiver if so approved in writing by the
City Manager or his designee.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. BesYs rating of no less than A:VII,
unless otherwise acceptable to the City.
Verification of Coverage
CONTRACTOR shall furnish the City with original cei~tificates and amendatory endorsements
effecting coverage required by this clause. All certific;ates and endorsements are to be received
and approved by the City before work commences. f-~owever, failure to obtain the required
documents prior to the work beginning shall not waiv~: 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 specificati~~ns, at any time.
Waiver of Subrogation
CONTRACTOR hereby grants to City a waiver of an~~ 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 whetl~er or not the City has requested or received
a waiver of subrogation endorsement from the insurer.