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09-005 TRA Environmental Sciences, IncAGREE11iAENT CITY OF CUF'ERTINO -~\ 10300 Torre Avenue `~~ Cupertino, C,4 95014 V ~' ~~ ~ 408-771-3200 NO. (~~~~ ~~ BY THIS AGREEMENT, made and entered into this 9'h rlay of January, 2009, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and TR~- Environmental Sciences, Inc., 545 Middlefield Road, Suite 200, Menlo Park, CA 94025, Phcrne: 650-327-0429 (hereinafter referred to 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: Provide hydrological consulting services for Stevens Creek Corridor Park, Project 9112, including design services and construction phase support, per the attached scope of services. EXHIBITS: The following attached exhibits hereby are rrlade part of this Agreement: EXHIBIT A -PROPOSAL EXHIBIT B -FEE SCHEDULE EXHIBIT C -INSURANCE REQUIREMENTS TERMS: The services and/or materials furnished under this Agreement shall be completed before December 15, 2009. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR an amount not to exceed $18,500.00 and per the attached Exhibit A. 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 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: ~ 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: By .~ °-vti ~c rn~•ti... Title ~ ~ w>~G ~~l'' Soc. Sec: # or Tax I.D. 9 ~ -a 8 ~ a,! '}- nooonve~ c CITY OF CUPERTINO: By -_.. Te W. Greene, City Architect EXPENDITURE DISTRIBUTION i ~ ~ 427-9112-9300 $18,500.00 CITY ERK _ TE~ ~ ~~ ~ O . Stevens Creek Corridor Park and Stream Restoration, Project 9112 Page 1 Scope of Work EXHIBIT A TRA Environment<<1 Sciences, Inc. Scope of ~JVork Stevens Creek Corridor Park anti Stream Restoration Project Construction Phase Biological Surveys, Environmental Training and Landscape Architectural' Services TRA has been working with the City in the provision of monitoring for nesting birds and protected wildlife during the construction activities. within the Stevens Creek Corridor. TRA has also conducted required environmental education graining for the construction crews. Within the month of October, TRA landscape architect Christine Schneider spent additional time at the site, working with the Ecological Concerns, Inc. (ECI) ~~onstruction crew to add more plants within the creek channel and to move some of the pin flags that showed plant locations in the field. Task 1: Biological & Wildlife Surveys Perform surveys for nesting birds and/or protected wildlife and provide brief written reports confirming findings, including presence or absencf; of protected species. Task 2: Environmental Education Program Perform Environmental Education [tailgate training] for construction crews regarding environmental aspects of project and environment~~l protection measures. Task 3: Report Preparation & Administration Prepare memos for City and its consultants beyond base scope work addressed in other agreements; provide project coordination with the City, its consultants, and TRA staff. Provide handouts for environmental education program is also included in this task. Task 4: On Call Services Provide services by Terese Kastner, Autumn Meisel or other appropriate trained biologist for on call issues that may arise during or after project construction, such as a new bird nest discovered, or provide daily preconstruction biological site surveys as requested by City. A total of 16 hours are included in this task. Task 5: Additional Landscape Architectural Services Lay out additional plants from The Watershed Nursery list that were not part of the original base bid plant list and were added to scope of construction installation. Reset pin flags and place more plant material in the field. Review and revise pin flags in the Fallen Oak picnic area and at ADA access ramp and Scenic bridge vicinity. Review f~lant list modifications, species additions/ substitutions or other elements as requested by City. This task allows hours to assist the City in TRA Environmental Sciences, Inc. Stevens Creek Corridor Park and Stream Restoration, Project 9112 Scope of Work Page 2 creating a more vegetated stream corridor than whit was provided during the preparation of the construction set of drawings. Additional Services Allowance Provide additional biological, landscape architectural or environmental services as requested by City, only upon advance written authorization from City. Cost Proposal Billing will be by hour and not subtask, except for Additional Services as authorized. TRA standard Billing Rates are listed in Exhibit B. Fee proposal is below. Program 'Associate ;Support Total Director IV ~ Staff II _ $125 $85 ! $58 16 16 ............_...._~...._ ............ .. . ....6... ._............ ......_4...........................:...................._4.......................................... 2 1 .........................._...................q.................. 1 2 ........................................i._.......................................................................................... 16 24 _60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 $ . . . . . . . . . . . . . 4 4 18 ._ ..............................i.................. ' ......... _;.................. 7 6 ........................................;............................................................................................ 8 36 .......................................,............................................................................................ .......... :ii9.500 ' $3.060 $464 $13,024 Additional Services Allowance 700 Total ~ $18,500 TRA Environmental Sciences, Inc. Stevens Creek Corridor Park and Stream Restoration, Project 9112 Scope of Work EXHIBIT B TRA ENVIRONMENTAL S(:IENCES, INC. BILLING RATES - 2008/2009 Unless specified otherwise by prior agreement, invoice: are submitted monthly showing time and charges for professional services by staff category and a separ~~te figure for expenses. Invoices are payable upon receipt. TRA Environmental Sciences, Inc. Labor Rates (includE:s all overhead): STAFF BILLING RATES CATEGORY /HR Principal 180.00 Program Director II 155.00 Program Director I 135.00 Senior Associate III 125.00 Senior Associate II 110.00 Senior Associate I 95.00 CAD/Analyst 85.00 CAD/GIS 73.00 CAD/Staff 58.00 Associate IV 85.00 Associate III 73.00 Associate II 65.00 Associate I 50.00 Support Staff II 65.00 Support Staff I 50.00 Field Crew 30.00 REIMBURSABLE EXPENSES CATEGORY BASIS Commercial travel Automobile travel Accommodation/Subsistence Photocopy (A and B sizes) Color Copies CNDDB Search Commercial report reproduction Noise Meter Setup Subcontractors other (lab, aerial photos, etc.) cost+5% $0.64/mile Based on Government Travel Allowance Rates $0.10/image $0.75/image $225.00 cost+10% $50/trip cost+10% cost+10% TRA Environmental Sciences, Inc. 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/her agents, representatives, employees or subcontractors. CONTRACTOR shall maintain at all times during the performance of the Agreement the following insurance and endorsements: A. Workers' Compensation and Employer's Liability 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 endorsement 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 include 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 and personal injury for premises operations, product/completed operations and contractual 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 (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($1,000,000.00) 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 inspect or obtain a copy of the original policies of insurance. 2. The general and auto liability policies shall be endorsed to name the City, its officers, officials, employees or volunteers as insureds for liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Consultant's 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 Protective Liability Policy, or on the Entity's own form. 3. The General, Auto, and Professional Liability policies shall be endorsed to provide primary insurance coverage for all claims relateci 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 certificates arrd endorsements. The certificate of insurance shall state the policy will not 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 curre~~t A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Verification of Coverage CONTRACTOR 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.