09-148 Jana Sokale, Stevens Creek Corridor Park, Phase 2AGREEMENT
~ L~ CITY OF CUPERTINO
~ / 10300 Torre Avenue
` / / Cupertino, CA 95014 ~t~/ /~~
VVV 408-777-3200 NOy~yy !J C?
BY THIS AGREEMENT, made and entered into this 20`h day of November, 2009, by and between the CITY
OF CUPERTINO (hereinafter referred to as CITY) and Jana Sokale, 7788 Hazelnut Drive, Fremont, CA
94560, 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 specified services and/or materials:
Provide fund development and consulting services for Stevens Creek Corridor Park and 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 & FEE PROPOSAL
TERMS: The services and/or materials furnished under this Agreement shall be completed before
December 31, 2010.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR
an amount not to exceed $15,600.00 and per the attached Exhibit A.
California Labor Code, Section '177'1 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 ali 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 [hat no one who has or will haveany financial interest under this Agreement is an ofricer 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 ITY shall be: ~~f` - ~~
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works ,Vj
This Agreement shall become effective upon its execut on by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written above.
CONTRACTOR:
By~7~_ /7
Soc. Sec. # or Tax I.D. 0 33 -3 9 -3 ~r S~ g
APPROVALS
CITY OF CUPERTINO:
By
T ry W. Greene, City Architect
EXPENDITURE DISTRIBUTION
/ DATE
R N EA /
.,
`/L 427-9'134-9300 $5,600.00
IT ERK D~TE ~ ~
EXHIBIT A
SCOPE AND FEE PROPOSAL
PROJECT UNDERSTANDING
The City of Cupertino is planning to design Phase.? of the Stevens Creek Corridor Park and
Restoration Project. Cupertino seeks consulting services for creek restoration and park
improvements at the downstream Stocklmeir site and Blackberry Farm Golf Course. Cupertino
wishes to explore the potential for restoring the east bank of Stevens Creek along the Blackberry
Farm Golf Course. The feasibility analysis will examine issues including existing utilities, aligning
the creek restoration to enhance geomorphic processes, locating the pedestrian bridge to support
multiple park and restoration functions, reviewing the golf course ponds and existing well water
sources previous connections and outfalls to the creek and the need to refurbish the golf course
irrigation system.
This proposal is for environmental planning, habit~it restoration and graphic support services for
Phase 2 of the Stevens Creek Corridor Park and Restoration Project. This work will be conducted
collaboratively by Jana Sokale and Balance Hydrologics.
SCOPE OF SERVICES
This proposal is 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. Restoration Feasibility Analysis, east bank
Subtask L1: Prepare Preliminary Design Concerts and Budget Estimate
We will evaluate restoring Stevens Creek eastward toward the existing 9"' hole. The design
will include concepts to construct ariffle-pool stream that would include keyed large wood
and other constructed salmonid habitat features. Our analysis will include sizing of the
design cross-section utilizing previous modeling data as well as performance data for the
upstream reach, sizing of the floodplain, ge~zeral placement of habitat elements including
construction of a back-water pool, determination of the preliminary planting palette if
requested, and distribution. Upon approval of a design concept, we would provide an
updated construction estimate for budgetin;~ purposes.
Subtask L2: Prepare Preliminary Design Concepts Graphics
Working with the results of sub-task I.1, we will prepare graphics to illustrate design
schematics for the restored creek, trail, pedestrian bridge, as well as the orchard and street
connections. For the creek concepts, we will prepare 1 plan view layout drawing, 1 cross-
sectional schematic that will extend out into the orchard and the golf course, and 2
photographic renderings of existing and post-project conditions. All schematics will be
prepared in color and sized to 11x17, unlese: directed otherwise. If the rendering
photographs are of high quality, they could be printed at banner size for public meetings or
other venues.
Subtask I.3: Attend Meetings to Present Schematic Concepts
We have provided budget to attend up to 3 meetings to present the developed schematic
concepts to City staff.
Task II. Planning Support
Subtask IL1: Assist in Identifvin~ Design Professionals
We have provided a nominal number of hours to assist City staff in identifying design
professionals to assist development of the overall Phase 2 package.
Subtask II.2: Coordinate Restoration Planning with Design Team and Stakeholders
We will present restoration and park concepts to stakeholders such as Santa Clara Valley
Water District (SCVWD), grant funders, golf course lessee or others as indicated by
Cupertino to build partnership for implementing the creek restoration and trail
construction. We will work with the design team to convey restoration concepts, existing
CEQA mitigation measures, foreseeable permitting issues and other influences that will
shape the creek and trail design.
Subtask IL3: Respond to Stocklmeir Taslc Force Queries
We will provide support to the staff coordiriating the work of the Stocklmeir Task Force.
We will provide written response to questions raised by Task Force about integrating the
many land use goals for this narrow riparian corridor as requested.
Subtask II.4: Attend Meetings to Present Restoration and Park Concepts
We have provided a budget to attend meetings to present restoration and park concepts to
design consultants and staff.
Task III. Consultant Support
Subtask III.1: Provide other On-call Services
We have provided a small number of hours to assist City staff responding to other issues
that may arise in the development of Phase 2 of the Stevens Creek Corridor Park and
Restoration Project.
EXHIBIT A - TASKIFEE BREAKDOWN
Stevens Creek Corridor Park and Creek Restoration Project
Phase 2 Restoration Analysis and Planning Support Services
__ _ __
Sokale
Balance Hydrologics
Environmental Plannin
PP RATE SGEB RATE KT RATE EF RATE TOTAL
Task TASK DESCRIPTION HRS $115.00 `HRS $170.00 HRS $115.00 HRS $80.00 FEES
I. RESTORATION FEASIBILITY ANALYSIS
i. Evaluate, prepare preliminary design and develop construction budget
estimate for creek restoration 4 $ 460.00 : 16 $2,720.00 : : $3,180.00
2. Provide graphics services to illustrate creek restoration, trail, pedestrian
bridge, orchard and street connections 2 $ 230.00 : 6 $570.00 12 $1,380.00 16 $1,280.00: $3,460.00 .:;
3. Attend meetings to present restoration concepts 8 $ 920.00 : 8 $1,360.00 ` $2,280.00
II. PLANNING SUPPORT
1. Assist in identifying planning and design professionals for Phase 2 2 $ 230.00 : 2 $340.00: $570.00 :
2. Coordinate restoration actions with design team professionals preparing :;
construction documents for trail and pedestrian bridge, Provide CEOA
mitigations and grant requirements input 10 $ 1,150.00' : 4 $680.00 $1,830.00
3. Respond to queries from Stocklmeir Task Force and others as requested
by staff 6 $ 690.00: : 2 $340.00 $1,030.00
4. Attend meetings to present concepts and respond to queries 6 $ 690.00: : 4 $680.00 ' $1,370.00
.:III. CONSULTANT SUPPORT
I
I
~~
1. Provide on-call services for project planning and development j 6 $ 690.00 : 2 $340.00 . u
_. $1,030.00 :
TOTAL PROFESSIONAL SERVICES
_.,.. 44 $ 5,060.00. 44 $7,480.00 12 $1,380.00 ; 16 $1280.00
- $15,200.00
ADDITIONAL SERVICES ALLOWANCE • other environmental services
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TOTAL REIMBURSABLE EXPENSES ~. ~: :~.:~:: $400.00
TOTAL SERVICES $ 5,060 00 : $ 7,480.00 $ 1,380.00 $ 1280.00 ; $15,600.00
Prepared November
2009