07-075, Hill Assoc. to provide Prof. services
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
h06/7
NO. t1lJ7) s-r6S- ~
BY THIS AGREEMENT, made and entered into this _day of _ 2007 . by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) HILL ASSOCIATES
Address 479 North Santa Cruz Avenue, City Los Gatos Zip 95030
Phone 408-395-2165
(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:
CONSTRUCTION DOCUMENTS, COST ESTIMATE AND OTHER PROFESSIONAL SERVICES
RELATIVE TO THE ROLLING HILLS 4-H FACILITY EXPANSION PER ATTACHED
PROPOSAUEXHIBIT A.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A - MAY 1, 2007 PROPOSAL FROM HILL ASSOCIATES
EXHIBIT B - FEE SCHEDULE
EXHIBIT C - INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on
~/t-~/S. ~7
and sh II be completed before DECEMBER 15. 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
AN AMOUNT NOT TO EXCEED $45,000.00
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. ::fj
GENERAL TERMS AND CONDITIONS ENTERED
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employee rom 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:
NAME
Gail Seeds. Proiect Manaaer
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.
EXHIBIT A
May 4, 2007
Ms. Therese Ambrosi Smith
Cupertino Parks and Recreation
10300 T orre Avenue
Cupertino, CA 95014
PROJECT: Rolling Hills Four H Facility Expansion
Cupertino, CA
SUBJECT: Proposal for Consulting Services - Revised
Dear Therese:
Thank you for inviting Hill Associates to submit a proposal for the Rolling Hills Four H
Facility Expansion project at McClellan Ranch. I am pleased to submit this proposed
agreement to provide Consulting Services for the project according to the following Scope
of Work and Compensation: For this project, we have selected B. A. Zhudi, Consulting
Engineers, to provide civil and structural engineering services and Elcor Electric to provide
electrical design services.
ARTICLE I - GENERAL
We understand that the City of Cupertino plans construct a new pole barn and fenced
paddock area adjacent to the existing Rolling Hills Four H Pole Barn at McClellan Ranch, as
shown on the Preliminary Master Plan. The new pole barn shall be constructed to visually
match the existing pole barn, but will not be connected to the existing structure.
In addition to the new pole barn and fenced paddock, two kidding pens a quarantine pen,
and a milking parlor will be installed adjacent to the existing tack room. The pens and
milking parlor structures will rest on a poured-in-place concrete slab and be prefabricated or
'kit' -type structures. All flooring will be natural gray poured-in-place concrete.
The new pole barn design shall be pressure treated posts with wooden truss supports and
corrugated metal sheets, to match the existing roof design. The post/ wood truss support
system shall be designed to accommodate the weight of future electrical solar cell collector
units (N.r.C), which will be installed on the south facing portion of the roof, during a future
phase of construction.
The new pole barn electrical system will include three overhead spotlight fIxtures and
waterproof duplex outlets which will be installed overhead at each new stall. Compact
fluorescent lights will be installed at the milking parlor, quarantine pen, both of the new
kidding pens and in the paddock adjacent to the existing duck pen. Motion detector
activated security lighting behind the existing Tack Room building will also be included in
the scope of the electrical design work.
Utility design for the project will include a storm drain system to collect storm water runoff
from the pole barn roof gutters, and a sanitary sewer drain system for wastewater runoff
associated with the animal pens. The sanitary sewer will connect to the existing sanitary
sewer manhole located on the topographic survey prepared by I<1er and Wright. Plumbing
will include potable water hose bibs at each new stall area.
The security fence for the paddock area will be 8' high and composed of pressure treated
wood posts and wire mesh fabric. The fence will extend around the perimeter of the facility,
as shown in the Preliminary Master Plan.
It is anticipated that the project will be constructed by the San Jose Conservation Corps and
will require structural engineering, civil engineering, electrical engineering, and landscape
architecture services.
The project will require Design Development documents, Construction Documents and
Construction Administration Services.
ARTICLE II - BASIC SERVICES PROVIDED
Task A: Design Development Phase
1. We will meet with the Design Team to fInalize the design program, project schedule
and construction budget for the project.
2. We will review the site topographic survey, prepared by Kier and Wright.
3. We will visit the site to visually confltm and assess existing conditions data provided by
the topographic survey. We will identify the species of the existing native heritage trees
and non-native ornamental trees impacted by the project.
4. We will prepare digital Basesheet for the Construction Documents based on information
supplied by the topographic survey drawings.
5. We will prepare the following Design Development Documents (65%) at an agreed upon
scale, Auto cad r.2000 format:
a. Title/Cover Sheet
b. Existing Conditions/Demolition Plan
c. Site Plan
d. Grading Plan
e. Drainage Plan
f. Site Utility Plans
g. Erosion Control Plan
h. Grading and Drainage Details
i. Earth Quantities and Drainage Calculations
j. Horizontal Control Plan
k. Pole Barn Construction Details
1. Pole Barn Structural Framing Details
m. Security Fence structural details
n. Structural Framing Calculations and Details
o. Electrical Site Plan/Wiring Diagram (conform to National Electric Code)
p. Project Technical SpecifIcations
5. We will prepare an Analysis 0 fProbable Construction Costs for the project.
6. We will meet with the Design Team periodically to review the plans, technical
specifIcations, project schedule and milestones.
Task B: Construction Document Phase
1. We will prepare 'draft' 100 per cent Construction Documents for City review.
2. We will prepare 100 per cent construction Documents for bidding and constructing the
project.
3. During bidding, we will provide written responses to bidder inquiries.
4. We will prepare addenda, if required, for the project.
Task C: Construction Administration Services
1. We will promptly review shop drawings and submittals for the Landscape Construction
Documents portion of to the work.
2. We will visit the project site (maximum site visit time, 10 hours) to become generally
familiar with the progress and quality of the work and advise the City whether the work is
proceeding in accordance with the Landscape Construction Documents and design intent.
The Landscape Architect will not be required to make exhaustive or continuous on-site
inspections to check the quality or quantity of the work; the City inspector will provide the
continuous on site inspections, ordering testing of materials and associated duties.
3. We will prepare design modifIcations or clarifIcation to the Landscape Construction
Documents as necessary in a timely manner.
4. We will assist the City in preparing any necessary contract change orders.
5. We will prepare fInal record drawings based on contractor-provided mark ups.
6. We will perform a pre-maintenance inspection and report
7. We will perform a fInal inspection and project close out report.
ARTICLE III. - ADDITIONAL SERVICES
The following services are not covered under the Basic Services outlined above. These
services shall be provided by the Landscape Architect on the terms and conditions
authorized in advance by the City of Cupertino in writing.
A. Provide financial feasibility studies, environmental studies or other special
studies not itemized under Article I - Basic Services.
B. Provide graphics and/or copy for signs.
C. Attend additional meetings with outside agencies, City staff, or Agencies
beyond the number described under Basic Services, and shown attached Task/Fee
spreadsheet.
D. Make revisions to plans, schedules, specifications, or other documents for
bidding and constructing the project due to the enactment or revision of codes,
laws, or other regulations adopted subsequent to the preparation of such
documents.
E. Provide copies of final Landscape Construction Documents for bidding and
construction purposes.
F. Provide plans, specifications and/or other supporting data in connection with
construction contract change orders when the compensation to the Landscape
Architect resulting from the adjusted project construction cost is not
commensurate with the series required of the Landscape Architect, provided that
such contract change orders are not required by design errors or omissions by the
Landscape Architect, or conditions not within
control of the Landscape Architect.
G. Provide consultation concerning the replacement of any work damaged by fire
or other causes and furnish services as may be required in connection with the
replacement of such work.
H. Provide services made necessary by the default of any contractor or supplier
by major defect or deficiencies in their work or by failure of he performance of
either the
City or the construction contractor under the contract for the construction work.
I. Prepare to serve or serve as an expert witness for any legal proceedings unless
such legal proceeding is necessitated by design errors or omissions by the
Landscape Architect.
K. Provide for the services of professional consultants (other than the Landscape
Architect's design team), at the City's request, for assistance which does not fall
within the scope of Basic Services.
L. Provide construction staking.
M. Modify plans or specifications to meet a reduction in construction budget if
the
construction budget is reduced by more than 10 percent after its approval by the
Engineer at the completion of the design development phase.
N. Provide revisions or additional meetings as necessary if permitting by outside
agencies changes the approved design.
O. All blueprinting, reproduction and delivery charges will be billed as
"Reimbursable "Items" and are not a part of this proposal for services.
P. The cost of soils testing (required).
Q. Construction Staking services.
ARTICLE IV - FEES AND COMPENSATION TO THE LANDSCAPE ARCHITECT
In the attached spreadsheet, the separate work tasks required for successful completion of
the Four H Facility Renovation project are listed along with the corresponding man-hours
and labor costs. Each team member is shown with hourly billing rates and the total labor
cost of their respective involvement in the project.
We have identifIed a total labor cost of $40,335.00 for Consultant Services. Excluded are the
costs of any additional consultants. The cost of reproduction, delivery and blueprinting
services is included, up to a maximum of $300.00.
The fIgures cited here represent a preliminary estimation of costs based on judgments about
task duration and personnel requirements. Revisions may be necessary should contract
negotiation occur. Compensation for Additional Services shall be for the actual professional
time required at our standard hourly billing rates, reviewed annually, which are currently:
Principal, $150.; Associate, $95.; CAD Drafter, $75.; Admin. $45.
If after reviewing the preceding proposal, you fInd it acceptable and have no further
questions, please issue a standard form of Agreement with the above information
incorporated. We will then proceed to meet your schedule.
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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 agents, representatives, employees or
subcontractors.
Contractor shall maintain limits no less than:
1. General Liability: (Including products-completed operations, personal &
advertising injury.
$1,000,000 per occurrence for bodily injury, personal
injury and property damage. If Commercial General
Liability Insurance or other form with a general
aggregate limit is used, either the general aggregate
limit shall apply separately to this project/location or
the general aggregate limit shall be twice the required
occurrence limit.
2. Automobile Liability: $1,000,000 per accident for bodily injury and
property damage.
Deductibles and Self Insured Retentions
Any deductibles or self-insured retentions must e declared to and approved by
the City. The City may require the Contractor to provide proof of ability to pay
losses and related investigations, claim administration, and defense expenses
within the retention.
Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be
endorsed to contain the following provisions:
1. The City its officers, officials, employees and volunteers are to be
covered as insured's with respect to liability arising out of work or
operations to be performed by or on behalf of the Contractor.
2. For any claims related to this project, the Contractors insurance
coverage shall be primary insurance as respects the City, its officers,
officials, employees, and volunteers. Any insurance or self-insurance
maintained by the city, its officers, officials, employees, or volunteers shall
be in excess of the Contractor's insurance and shall not contribute with it.
3. The insurance company agrees to waive all rights of subrogation
against the City, its elected or appointed officers, officials, agents and
employees for losses paid under the terms of any policy which arise from
work performed by the Named Insured for the Agency.
4. Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party, except after thirty (30)
days' prior written notice (10 days for no-payment) has been given to the
City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less
than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims made coverage, the Entity requires
that coverage be maintained for a period of 5 years after completion of the
contract.
Verification of Coverage
Consultant 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.