08-088 H.T Harvey & Associates~tT,r ~F AGREE:MENT
-___~ ~ ti CITY OF CUPERTINO
(J" 10300 Torre Avenue
Cupertino, CA 95014 ~~/D p. /
C l.J P E iiT i #V ~ 408-777-3200 NO. h a fj
BY THIS AGREEMENT, made and entered into this 2Z:t th day of July, 2008, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name: H_T Harvey 8 Associates, Oave Johnston
Address : 983 University Avenue, B/dg. O, Los Gatos, CA 95032; Phone: 408-458-3200 ext_ 3226
(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:
Steven Creek Corridor Park Phase 1A -Bat Monitoring
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" Scope of Services
TERMS: The services and/or materials furnished under this Agreement shall commence on July 28, 2008
and shall be completed before October 31, 2008
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $6,000.00 to be paid on a Time and Materials Basis
California Labor Code, Section 1771 requires the payment of prevailing vvages t_o 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 [he 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 pertormance of this Agreement. City
shall not be liable for acts of Contractor in pertorming 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 ttie 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: t { Fj~~,ED
NAME :Gail Seeds, Stevens Creek Corridor Restoration Manager DEPARTMENT: Public Works
This Agreement shall become effective upon its execution try CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONT CTOR: CITY OF CU~P~ER~TINO:
Title (~(~~ Sr ~~ Terry Greene, City Architect
Soc. Sec. # or Tax I.d. # `) `
APPROVALS
E°_XPENDITURE DISTRIBUTION
DEPA ENT A DAT
`~~
-~
'~~ ! ~ ~~ (~ ~ ~}
427
9112
9300
---~
`
r Q -
- $6,000.00
CITY K D E / t 6 ~ ~
EXIBIT A
SCOPE OF SERVICES: BAT MONITORING
Stevens Creek Corridor Park, F'hase lA -Creek Restoration
Project 9112
H. T. Harvey 8L Associates will provide the following services:
• Prepare and calibrate receiver, radio transmitter tags, equipment for radio telemetry
tracking of big brown bats associated with Blackberry Farm site and maternity colony
• Attach tags to big brown bats; tag at least three bats if possible
• Radio-track bats and field-confirm new roost site
• Prepare letter report for Department of Fish and Game and City of Cupertino
o Compile and evaluate monitoring data gathered during preconstruction and
construction activities at project site [per previous contract scope]
o Prepare graphic indicating former and new roost sites
o Summarize actions, observations and conclusions as appropriate and per March
28, 2008 letter to Department of Fish and Game
Reimbursable expenses include radio tags, batteries, mileage.
Total Fee: Time and Materials, not to exceed $6,000.00