10-016 Landmark Golf, Andy Vossler, Stevens Creek Corridor Phase 2, Golf Course Evaluation Services CITY OF AGREEMENT
/ CITY OF CUPERTINO
10300 Torre Avenue
/ Cupertino, CA 95014
CUPERTINO V- 4171-
` 408- 777 -3200
B Y THIS AGREEMENT, made and entered into this 16th day of March, 2010, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name: Landmark Golf, attn. Andy Vossler
Address : 74 -947 Highway 111, Suite 200, Indian Wells, CA 92210; Phone: 760 - 776 -6688
(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 2 — golf course evaluation services
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 March 16, 2010
and shall be completed before August 31, 2010
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $5,000.00 to be paid on a Time and Materials Basis
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 describec 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 employrent 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: ENTERErJ
NAME: Gail Seeds, Stevens Creek Corridor Project Manager 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 ::` �J CITY OF CUPERTINO:
By Title P"e- 61=1 Terry Greene, City Architect
APPROVALS EXPENDITURE DISTRIBUTION
R T 3' r / A DATE AC C(�I lNT Nl IMRFR AM(�l1NT • L..(C / , 427 - 9134 -9300 $5,000.00
DATE :"
r _
EXHIIBIT "A"
City of Oupertino
Stevens Creek Corridor Project/Blackberry Farm Golf Course
SCOPE OF SERVICES:
Golf Hole Alignment Assessment
• Present a minimum of three (3) alternative golf hole Revision Plans to
compliment adjustments to be made to Stevens Creek and to minimize any
impacts on the existing golf holes.
• Revision Plans to be submitted to the City as preliminary plans, commented on
by the City, revised by Ed Gerlach as recommended by the City and to become a
Complete Plan.
• Items to be taken into consideration:
o Irrigation Systems — Replacement irrigation to function upon integration to a
new golf course irrigation system in the future
o Traffic patterns both golf vehicles and walkers
o Golf Course Pond Evaluations
o Educational opportunities including Public Relation recommendations
o Recommendation(s) regarding improved practice facilities
BILLING RATES:
Andy Vossler $110.00 per hour
Ed Gerlach $ 90.00 per hour
Clerical & Administration Staff $ 40.00 per hour
NOT TO EXCEED $5,000.00 for the items and tasks described above.
Landmark Golf Limited Partnership March 19, 2010