07-072, Chris Ridgeway Architect
AGREEMENT
/ CITY OF CUPERTINO
U/ '/..t' 3 /} 1 J )../" 10300 Torre Avenue
V~ cU~~~~~i7~~&,5014 NO. {J&J;-5J51
...-.-. ~\.-, . =1 }' , (',Z,4"/
BY THIS EEMENT, made and entered into this "1 day of j,'VV'\.(_', 20~ by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and
Name CHRIS RIDGWAY ARCHITECT
Address 785 MAIN ST.. STE G City HALF MOON BAY Zip 94019 Phone 650-712-8099
(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:
ARCHITECTURAL SERVICES FOR THE MCCCLELLAN RANCH FACILITIES IMPROVEMENT PROJECT
THROUGH MAY 31,2008.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A SCOPE OF SERVICES
EXHIBIT B EXCLUSIONS FROM SCOPE OF SERVICES
EXHIBIT C PAYMENT SCHEDULE
EXHIBIT 0 INSURANCE REQUIREMENTS
'/11 ~ :'Y/.Fr~
TERMS: The services and/or materials furnished under this Agreement shall commerfce on .j. 2007
and shall be completed before MAY 31.2008
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: ~ ENTERED
AN AMOUNT NOT TO EXCEED $ 29,320.00 - U
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.
Gl!NERAL TERMS AND CONDITIONS
Hold Hannless. 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 shaH be subject to the approval of City's Director of Administrative Services.
NorH>iscrimination. 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:
NAME Therese Ambrosi Smith
DEPARTMENT Parks & Recreation
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:
CITY OF CUPERTf'NO:
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By Ral h uaUs Jr. .
or 0 t of Public Works
By Chris Rid
Title Architect
Soc. Sec. # or Tax 1.0. {"/ '~,
APPROVALS
DEP ~rr,/
$29,320.00
EXHmIT A: SCOPE OF SERVICES
BASIC SERVICES: Architectural drawings for construction of a replacement
blacksmith shop for McClellan Ranch as detailed below:
· Architectural drawings and detailing
· Building relationship study
· Structural engineering and detailing
· Coordination with electrician responsible for bringing the power to the building.
Architectural drawings will show fixtures and outlets only.
· Erosion control plan
· Grading plan
· Plumbing drawings will show hose bibs only~ work to be coordinated with the
City's choice of plumber for bringing water to the building.
· Basic services to include layout of the interior of the blacksmith's shop and work
with the blacksmith of the City's choice is estimated at 18 hours for a total of
$2,000.00. Time in excess of 18 hours will be billed at the hourly rate.
Fee for Basic Services: $25,600
RECYCLING OLD WOOD:
· Checking the Water District Barn and working with the City Building Official
and structural engineer on the appropriate re-use of the wood.
Time estimated at 8 hours
Architect's fee for work associated with recycling old wood: $1,040
CONSTRUCTION ADMINISTRATION:
· Interpreting drawings and field visits, time estimated at 16 hours with an
additional $600 budgeted for questions of the structural engineer.
Time beyond 16 hours will be billed at the hourly rate of $ 130/hour.
Fee for Construction Administration: $2,680
TOTAL FEE FOR SCOPE OF SERVICES: $29,320
EXHIBIT B: WORK NOT INCLUDED IN SCOPE OF SERVICES
Any additional work, including, but not limited to:
· Reviewing contracts
. Checking insurance requirements
· On site safety requirements
· Revisions to the drawings and landscape drawings
· Reviewing the payment submittals
. Surveying
· Civil engineering beyond the grading plan
· Utilities to the building
· Special artwork
· Reproduction for bidding or additional shop drawings
· Building deparbnent fees
· Extra review processes required by the City of Cupertino
. Any hidden conditions
Other consultants that may have billable time, not listed in Scope of Services:
· Soils Engineer
. Surveyor
. Electrical Engineer
. Plumbing consultant
EXHmITC: PAYMENT SCHEDULE
The breakdown on the payment/fees schedule will be as follows; work to be invoiced
monthly on a percentage of work completed basis:
25% for Schematic Design - $6,400.00
25% for Design Development - $6,400.00
50% for Working Drawings - $12,800.00
Construction administration is not in the percentages above, and will be billed hourly as
noted.
The fees will need to be adjusted if there are changes to the following:
1. Program
2. Cost of Construction
3. Final design, after it has been approved
Any extra work will be billed on an hourly basis. The hourly rates are as follows:
· $ 130/hour for the Principal
· $90/hour for the Associate
· $65/hour for the Draftspersons
EXHmIT D
INSURANCE REQUIREMENTS
CONSULTANT shall furnish to the CITY within 15 days following the execution of this
Agreement, the required certificates and endorsements to provide the City satisfactory
proof that Consultant has taken out for the entire period required by this Agreement, as
further described below, the following insurance and endorsements, in a form satisfactory
to City and with an insurance carrier satisfactory to City, authorized to do business in
California and rated by A. M. Best & Company "A" or better, financial category size
FSC Class VII or better or that is otherwise acceptable to the City, which will protect
those described below from claims described below which arise or are alleged to have
arisen out of or result from the acts or omissions of Consultant for which Consultant may
be legally liable, whether performed by Consultant, or by those employed directly or
indirectly by it, or by anyone for whose acts Consultant may be liable:
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, The policy shall contain an endorsement waiving all rights of
subrogation against the City, its officers, officials, employees or volunteers. In
the event Consultant is self-insured, it shall furnish Certificate of Permission to
Self-Insure signed by Department of Industrial Relations Administration of Self-
Insurance, State of California.
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 anyone 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 one million dollars
($1,000,000.00) 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. On Consultant's Commercial General Liability policy and Automobile
Liability Policy, City of Cupertino and their affiliates, directors, officers,
officials, partners, representatives, employees, consultants, sub consultants
and agents, shall be named as additional insured, but only with respect to
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 2010 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 related to the services
provided under this contract.
4. The certificate of insurance shall state the policy will not be cancelled without
thirty (30) days written notice to the CITY.
ACORDm CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDNY)
05131/07
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P. O. Box 12675 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Oakland, CA 94604-2675
510 465-3090 INSURERS AFFORDING COVERAGE
INSURED INSURER A: Everest National Insurance Company
Chris Ridgway Architect, Inc. INSURER B:
785 Main Street, Suite G INSURER C:
Half Moon Bay, CA 94019 INSURER D:
I INSURER E:
Client#. 10975
CHRISRIDG
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NSR TYPE OF INSURANCE POLICY NUMBER Pgk!fEY(~';.t~g~~ p~~fJ (~:l~~;wr LIMITS
LTR
GENERAL LIABILITY EACH OCCURRENCE $
f--
I-- 5 M ERCIAL GENERAL LIAS !L1TY FIRE DAMAGE (Any ooe r.re) $
I-- CLAIMS MADE D OCCUR MED EXP (Anyone person) $
PERSONAL & ADV INJURY $
GENERAL AGGREGATE $
n'L AGGREnE L1M IT APPlS PER: PRODUCTS .COMP/OP AGG $
POLICY P~g: LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
f-- $
ANY AUTO (Ea accident)
f--
f-- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
f--
f-- HIRED AUTOS BODILY INJURY
$
NON-OWNED AUTOS (Per accident)
f--
f-- PROPERTY DAMAGE $
(Per accident)
RRAGE LIABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENCE $
o OCCUR D CLAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND 1-ro~n~TU- I 10TH.
T Y IMITS ER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT $
E.L. DISEASE. EA EMPL OYEE $
E.L. DISEASE - POLICY LIMIT $
A OTHER Professional 48AE004332071 06/12/07 06/12/08 $1,000,000 per claim
Liability $1,000,000 annl aggr.
DESCRIPTION OF OPERATIONS/LOCATlONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: City Park Project
CERTIFICATE HOLDER I I ADDmONAL INSURED' INSURER LETTER: CANCELLATION
SHOULO ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Cupertino DATE THEREOF, THE ISSUING INSURER W1~Xft TOMAIL30.--DAYSWRITTEN
Attn: Donna Henriques NOTICE TOTHE CERTIFICATE HOLDERNAMEDTOTHELEFTJCKIO(~k
10300 Torre Ave. ~~.ItXMa~~:lJlUJllCa&08(
Cupertino, CA 95014 )(K'Jl'~
AUTHORIZED REPRESENTATIVE
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ACORD 25-5 (7/97}1 of 1
#M193872
JBM
@ ACORD CORPORATION 1988
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:.:.-----, . CERTIFICATE OF LIABILITY INSURANCE I DATE (IMNOOIVYYYI
~C~RD 06 - O'l( ~1
PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATtON
RONA BLEVINS, AGENT, LUTe? ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
737 ~LIFORNIA DRIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
BURL:NGAME CA 940:0 ALTER THE COVERAGE AFFORDED BV THE POLICIES BELOW.
IriJ INSURERS AFFORDING COVERAGE NAlefl.
,....."'\
I NStJ R.EO INSURER ""-
CHRIS RIDGWAY ARCEITECT INC.
7es MAIN ST STE G INSURER B:
HALF MJON BAY CA 94019-1987 INSURER C:
INSURER D:
INSURER E.
COVERAGES
TliE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TtiE INSURED NAMED ABOVE FOR TliE POLlCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY TliE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR AJl(l'L P~~~:~=E ! ~~~I:=~N
LTR IIoISRD TYPE OF INSURANCE POLICY NUMBER UMITS
~NERAL UABILrrY 97-:'X-4202-4 10/:7/06 10/17/0B EACH OCCURRENCE $ 1,000,000
X ~MERCl"'L GEN ERAlllABIlITY ~"...."'~".I U_ KI:.NTED f ;oqooD
'-- PREMISES lEa oCC'Urrence' $
----: CLAIMS MADE DOCCUR MED EXP I Anv one 'arson) $ ",11\
PERSONAL & ADV INJURY $ J'l/JA
GENERAL AGGREGATE S 2,GOO,OOO
GENt f>GGREGATE LMT I'PPlES PER PRODUCTS - COMPJOP Jl$ S
,I POLICY n~gT nLOC ,
~O OallE LIABILITY COMBINED SINGLE L~IT $
~ ANY AUTO (Ea BCcidenq
- ALL OWNED AUIOS BODILY INJURY $.;)
SCIiEDULED AUTOS Wer person) . SOA'OC
-
- HIRED AUTOS BODILY INJURY $
~ NON-QWNED AUTOS (Per aCCldenl) 50t.Jn::OO
PROPERTY DAMAGE $
[Par acO~enl) \00,000
HGE LIABILITY AUTO QNL Y - EA ACCIDENT $
~y AUTO OTHER THAN EA ACe $
AUTO ONLY:
AGG $
DSSlUUBRELLA llABUTY EACH OCCURREOCE $
OCCUR DCLAIMSMADE: AGGREGATE S
R ~EDUCTIBLE $
$
RETl:NTION $ $
. WORKERS COfllPENSATIONANC .~ 1r/1,v~C STATU.~I IOTt;..
EMPLOYERS' LIABILITY TORY LIMITS ER
f>Nf PROPRIETORIPARTNER,'EXECUTIVE EL EACH ACCIDENT $
OFFICER/MEM8ER EXCLUDED?
~~,~"r:6vfs16NS below EL DISEASE - EA EMPLOYEE $
E.L OISEASE - POLICY LIMIT S
OTIiER
I
DESCRIPTION OF OPERATIONS I LOCATIONS J VEHICLES I EllClUSIOHS ADDEO BY ENDORSEMENT J SPECIAL PROVlSlO~IS
CERTIFICATE HOLDER
CI'1'Y Of' C.T)"i",R'::'T'\ID (":::ny") &. IT,S [)TR~C"'CFS;
O~'F.\ CEgS, F',~I.~P!Jo.'ERS r. EMPl.OYEI-'(l s ALL
!"ll !3':' I ,. A:_~r;[,C-iYS ,'x;jr.j vIHC"'I
} j \/ (; l'ORREI ..-.... V~'I
CANCELLATION
e!HOllUJ II.NY OF TH!" ABO\!E DESCRIBED POLfC1ES 13E CI\NCH!.ED ~E'FORE THl: ~f'!",ATlON
DATE THEREOF, THE IS5\J!NG INSURER WILL ENDEAVCR TO "'~"'IL DAYS WRITTEN
NOTICE laTHE CERT'FICATE HOL!lER N;>.M"'O TQ THE LEFT, BUT FAILURE TO 00 SI')SflAll
IMPOSE NO OauGATION OR lIABIL,TV OF ANY "IND UPON H1E INSURER. ITS AGEN"-S OR
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IMPORTANT
If the certificate 110lder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WPNED, subject to ttle terms and conditions of the policy, certa[n policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this fonn does not constitute a contract between
tt1e issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affinnatively or negatively amend I extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001108)