07-147, Chris Ridgeway for Stevens Creek park restorationAGREEMENT BETWEEN CITY OF CUPERTINO AND /~~
CHRIS RIDGWAY ARCHITECT, INC. ` ~~~~~
/ ~ FOR PROFESSIONAL SERVICES FOR
STEVENS CREEK CORRIDOR PARK & RESTORATION PROJECT
` I %7~
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THIS AGREEMENT is made and entered into this 9 day of October, 2007 by and
between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY
and CHRIS RIDGWAY ARCHITECT, INC., hereinafter referred to as CONSULTANT.
RECITALS
WHEREAS, CITY desires to obtain design and professional consulting services for Stevens Creek
Corridor Park and Restoration, Project 9112 (hereinafter referred to as Project); and,
WHEREAS, CITY requires certain professional services in connection with Project (hereinafter
referred as Services); and
WHEREAS, Consultant has the necessary professional expertise, qualifications and skill to
perform the services required and is prepared to provide such services;
NOW, THEREFORE, the purpose of this Agreement is to retain Chris Ridgeway Architect, Inc. as
Consultant to the City to perform those services specified in Exhibit A of this Agreement, and the
parties agree as follows:
Section 1. Scope of Services
Consultant shall perform those services specified in Exhibit A, titled "Scope and Fee Proposal",
which is attached hereto and incorporated herein.
Section 2. Term of Agreement
The term of this Agreement shall continue through December 31, 2009 subject to the provisions of
Exhibit A and of the Agreement. In the event that the services called for under this Agreement are
not completed within the time specified, the City Manager or his designee may extend the time for
completion. This section does not preclude the recovery for damages for delay by either party.
Section 3. Schedule of Performance
The services of Consultant are to be completed according to the schedule set out in Exhibit C,
which is attached hereto and incorporated herein. Consultant is not responsible for delays beyond
Consultant's reasonable control. .
Section 4. Compensation
The compensation to be paid to Consultant for professional services and reimbursable expenses
shall not exceed Thirty Three Thousand Dollars ($33,000.00) for Basic Services, Two Thousand
Dollars ($2,000.00) for Reimbursable Expenses, and an allowance of Seven Thousand Dollars
($7,000.00) for Additional Services that exceed the basic scope, such services only to be performed
Pc~~crrYir-~sia9?so~
upon advance written authorization by City. The rate and schedule of payment is set out in Exhibit
A, which is attached hereto and incorporated herein.
Section 5. Method of Payment
Upon completion of each task as specified in Exhibit A, the Consultant shall furnish to the City a
detailed statement of the work performed for compensation during the term of this Agreement.
Consultant may submit monthly invoices for interim progress payments during the course of each
phase.
Section 6. Independent Contractor
It is understood and agreed that Consultant, in the performance of the work and services agreed to
be performed by Consultant, shall act as and be an independent contractor and not an agent or
employee of City; and as an independent contractor, Consultant shall obtain no rights to retirement
benefits or other benefits which accrue to City's employees, and Consultant hereby expressly
waives any claim it may have to any such rights.
Section 7. No Third Party Rights
Consultant's services under this Agreement are intended for the sole benefit of City and shall not
create any third party rights or benefits.
Section 8. Project Coordination
A. City: the City Manager shall be representative of City for all purposes under this
Agreement. The Director of Parks and Recreation, Therese Ambrosi Smith, is hereby
designated as the City Project Manager for the City Manager, and shall supervise the
progress and execution of this Agreement and authorize progress payments.
B. Consultant: Consultant shall assign a single Consultant Project Manager to have overall
responsibility for the progress and execution of this agreement for Consultant. Should
circumstances or conditions subsequent to the execution of the Agreement require a
substitute Consultant Project Manger for any reason, the Consultant Project Manager
designee shall be subject to the prior written acceptance and approval of the City Project
Manager.
Section 9. Assignability / subconsultants Employees
The parties agree that the expertise and experience of Consultant are material considerations for
this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the
performance of any obligations hereunder, without the prior written consent of City, and any
attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising
hereunder shall be void and of no effect.
Consultant shall be responsible for employing or engaging all persons necessary to perform the
services of Consultant hereunder. No subconsultant of Consultant will be recognized by City as
such; rather, all subconsultants are deemed to be contractors of Consultant, and it agrees to be
responsible for their performance. Consultant shall give its collective professional attention to the
fulfillment of the provisions of this Agreement by all of its employees and subconsultants, if any,
and shall keep the work under its control. If any employee or subconsultant of Consultant fails or
Agreement between City of Cupertino
and Chris Ridgway Architect 2
refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a
disorderly or improper manner, such employee or subconsttltant shall be discharged immediately
from the work under this Agreement on demand of the Project Manager.
Section 10. Indemnification
CONSULTANT shall hold harmless and indemnify, including the cost to defend, CITY, and its
representative principals, directors, officers, and employees froth and against claims, loss, liability,
shits, and damages, including attorney's fees, that arise out of, pertain to, or relate to
CONSULTANT's negligence, recklessness or willful misconduct.
Section 11. Insurance
The CONSULTANT 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 half million dollars ($500,000.00), combined single limit for any one
occurrence.
2. Comprehensive or Commercial General Liability Insurance shall inclt.tde coverage
for bodily injury, properly damage and personal injt.try 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 Inst.trance (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
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
Agreement between City of Cupertino
and Chris [~idgway Architect 3
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 related 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 and endorsements. The certificate of
insurance shall state the policy will not be cancelled without thirty (30) days
written notice to the CITY.
All policies, endorsements, cert~cates, 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.
Section 12. Nondiscrimination
CONSULTANT shall not discriminate, in any way, against any person on the basis of race, sex,
color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or
related to the performance of this Agreement.
Section 13. Termination
A. City or Consultant shall have the right to terminate this Agreement without cause, by
giving not less than thirty (30) days written notice of termination.
B. If CONSULTANT fails to perform any of its material obligations under this Agreement, in
addition to all other remedies provided by law, CITY may terminate this Agreement upon
thirty (30) days written notice if consultant fails to take steps to correct such failure within
the notice period.
C. CTTY's Project Manager is empowered to terminate this Agreement on behalf of CITY.
D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports,
documents, and other work performed by CONSULTANT under this Agreement, and upon
receipt thereof, CITY shall pay CONSULTANT for services performed and reimbursable
expenses incurred to the date of termination.
Section 14. Governing Law
CITY and CONSULTANT agree that the law governing this Agreement shall be that of the State
of California.
Section 15. Compliance With Laws
Consistent with its professional standard of care, CONSULTANT shall comply with all applicable
laws, ordinances, codes and regulations of the federal, state, and local governments.
Section 16. Confidential Information
All data, documents, discussions, or other information developed or received by or for
CONSULTANT in performance of this Agreement are confidential and not to be disclosed to any
person except as authorized by the CITY, or as required by law.
Aa Bement between City of Cupertino
and Chris Ridgway Architect 4-
Section 17. Ownership of Materials
All reports, documents, or other material developed or discovered by CONSULTANT or any other
person engaged directly or indirectly by CONSULTANT to perform the services required hereunder
shall be and remain the property of CITY to be used solely for this PROJECT. Hard copies of
Consultant's work product shall constitute the project deliverables. Electronic documents, if any,
shall be provided as a courtesy only without any warranty or guarantee. The City holds Consultant
harmless for any reuse of, or modification to, the documents.
Section 18. Waiver
CONSULTANT agrees that waiver by CITY of any breach or violation of any term or condition of
this Agreement shall not be deemed to be a waiver of any other term or condition contained herein
or a waiver of any subsequent breach or violation of the same or any other term or condition. The
acceptance by CITY of the performance of any work or services by CONSULTANT shall not be
deemed to be a waiver of any term or condition of this Agreement.
Section 19. Consultant's Books and Records
A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices, canceled
checks, and other records or documents evidencing or relating to charges for services, or
expenditures and disbursements charged to CITY for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to
CONSULTANT pursuant to this Agreement.
B. CONSULTANT shall maintain all documents and records which demonstrate performance
under this Agreement for a minimum period of three (3) years, or for any longer period
required by law, from the date of termination or completion of this Agreement.
C. Any records or documents required to be maintained pursuant to this Agreement shall be
made available for inspection or audit, at any time during regular business hours, upon
written request by the City Attorney, City Manager, or a designated representative of any
of these officers. Copies of such documents shall be provided to CITY for inspection at
City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed
upon, the records shall be available at CONSULTANT's address indicted for receipt of
notice in this Agreement.
Section 20. Interest of Consultant
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct
or indirect, financial or otherwise, which would conflict in any manner or degree with the
performance of the services hereunder. CONSULTANT further covenants that, in the performance
of this agreement, no subconsultant or person having such an interest shall be employed.
CONSULTANT certifies that no one who has or will have any financial interest under this
Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of
the services hereunder, CONSULTANT shall at all times be deemed an independent
CONSULTANT and not an agent or employee of CITY.
Agreement between City of Cupertino
and Chris Ridgway ArchitectJ~
Section 21. Gifts
A. CONSULTANT is familiar with CTTY's prohibition against the acceptance of any gift by a
CITY officer or designated employee, which prohibition is found in the City of Cupertino
Administrative Procedures.
B. CONSULTANT agrees not to offer any CITY officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any gift prohibited by Municipal Code shall constitute a material
breach of this Agreement by CONSULTANT. In addition to any other remedies, CITY
may have in law or equity, CITY may terminate this Agreement for such breach as
provided in Section 13 of this Agreement.
Section 22. Notices
All notices and other communications required or permitted to be given under this Agreement
shall be in writing and shall be personally served or mailed, postage prepaid and return receipt
requested, addressed to the respective parties as follows:
To CITY: Therese Ambrosi Smith
Director of Parks and Recreation
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
To CONSULTANT: Chris Ridgway
Chris Ridgway Architect Inc.
785 Main Street, Suite G
Half Moon Bay, CA 94019
Notice shall be deemed effective on the data personally delivered or, if mailed, three (3) days after
deposit in the mail.
Section 23. Venue
In the event that suit shall be brought by either party hereunder, the parties agree that venue shall
be exclusively vested in the state courts of the County of Santa Clara, or where otherwise
appropriate, exclusively in the United States District Court for the Northern District of California,
San Jose, California.
Section 24. Agreement BindinJPrior Agreements and Amendments
The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs,
successors, executors, administrators, assigns, and subconsultants of both parties.
This Agreement, including all Exhibits attached hereto, represents the entire understanding of the
parties as to those matters contained herein. No prior oral or written understanding shall be of any
force or effect with respect to those matters covered hereunder.
This Agreement may only be modified by a written amendment duly executed by the parties to this
Agreement.
Agreement between City of Cupertino
and Chris Ridgway Architect 6
Section 25. Costs and Attomevs Fees
The prevailing party in any action brought to enforce the terms of this agreement or arising out of
this agreement may recover its reasonable-costs and attorneys' fees expended in connection with
such an action from the other party.
Section 26. Electronic Transmission of Information
From time to time, the CONSULTANT may transmit design or other infom~ation to the CITY,
City's Representative, or Contractor via electronic transmission. The CITY, City's Representative,
or Contractor shall not be entitled to and hereby agrees not to alter or modify any such information
without the express written consent of the CONSULTANT. Similarly, the CITY, City's
Representative, and Contractor shall not use any information for any purpose not expressly covered
by this Agreement. The CONSULTANT shall not be responsible for any destruction or corruption
of such information during or after transmission to CITY, City's Representative, and Contractor and
shall be entitled to appropriate additional compensation in the event re-transmission or re-creation is
required.
Notwithstanding the foregoing, the Contractor may use electronically transmitted information to
prepare submittals, as-built drawings and record drawings. CONSULTANT shall not be
responsible for any changes made by the Contractor or for the Contractor's work product.
Section 27. Job Site Safety
In no event shall CONSULTANT be responsible for job site safety issues. Such issues shall be the
responsibility of the Construction Contractors who shall defend, indemnify, and hold harmless
CONSULTANT and CITY for such issues.
Section 28. Dispute Resolution
Any dispute related to the services hereunder shall be resolved by the parties pursuant to applicable
law.
IN WITNESS WHEREOF, the parties have executed this Contract, in duplicate, the day
and year first hereinabove written.
CITY OF CUPERTINO:
BY~~~Y'' ~---
Director of Parks & Recreation
Tax I.D.#: ~~ • ~~' ~~~~
P.O. #:
Acct. #:
Agreement between Ciry of Cupertino
and Chris Ridgway Architect ~]
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall perform services related to the layout, concept design, schematic and design
development, construction documents, bidding and award, for the new Golf Course Maintenance Building
located near the south side of Blackberry Farm Golf Course in the City of Cupertino, California, --
hereinafter referred to as "Project".
SECTION 1 GENERAL:
The new Golf Course Maintenance Building is a Project of the City of Cupertino. The CITY'S
Department of Parks and Recreation shall manage the design of this PROJECT and this AGREEMENT.
The PROJECT is anticipated to consist of an approximately 1,600 square foot building, plus an
associated outdoor yard of approximately 2,500 square feet, designed to function as the new maintenance
center for Blackberry Farm Golf Course. The Project is anticipated to consist of a metal building with
roll-up doors; restroom with accessible toilet, lavatory, and shower; utility sink; and related elements.
Exterior space includes storage bins for sand and soil; prefabricated chemical storage structure acceptable
to golf course maintenance staff; safety eyewash area; and petroleum and diesel fuel tanks with pumps.
The fuel tanks are assumed to be off-the-shelf assemblies which do not require involvement by a specialty
subconsultant. CITY is considering including a solar panel system for electrical generation and may wish
to modify the PROJECT accordingly. CONSULTANT shall size the struch.~re for the weight of the
panels. However, solar installation information and detailing are not in the current scope, and if needed,
would be provided as an Additional Service for an additional fee.
A. All of the services to be performed by the CONSULTANT under this
AGREEMENT shall meet the professional standard and quality which prevails among licensed
architects of similar knowledge and skill engaged in related work in California under similar
circumstances. As is consistent with these standards, the documentation prepared by
CONSULTANT shall provide for a completed PROJECT that conforms to applicable codes, rules,
regulations and guidelines or applicable official interpretation thereof, which are in force at the
time such documentation is prepared.
B. CONSULTANT shall coordinate this scope of all services with the CITY and CITY' S separate
consultants and contractors as needed or as directed by CITY. CONSULTANT shall coordinate
with adjacent work being designed and constructed for the Stevens Creek Corridor Park, Phase I
project.
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C. CONSULTANT shall provide design of a complete bid package and design of all elements to
within approximately 10 feet of the new building and storage yard including utility stubs. Utility
service connections to service points will be provided by CITY's consultant [HNTB].
CONSULTANT'S work shall accommodate offsite utility capacity and configuration by others.
Such offsite utility connections and point of comlection work may be combined with this bid
package, on CITY'S request if needed.
D. CITY will provide geotechnical report for the Project site and available topographic inforniation
previously prepared.
E. The CONSULTANT'S services shall be performed as expeditiously as is consistent with
professional skill and care and the orderly process of the work. The schedule for the performance
of the CONSULTANT'S services may be adjusted as the Project proceeds by mutual agreement in
writing.
F. Upon request of the CITY, CONSULTANT shall make one presentation to explain the Project
design.
G. Design of a fire sprinkler system is not included in the basic services scope or fee, and if required,
would be added as an Additional Service.
H. CONSULTANT shall be compensated for Additional Services as requested by the CITY in
accordance with the rates set forth in Exhibit D.
SECTION 2: SCOPE OF WORK
1. TASK #1: CONCEPTUAL DESIGN PHASE
1.1 CONSULTANT shall review the site geotechnical report and topographical survey
prepared by CITY' S Consultant.
1.2 CONSULTANT to review applicable building codes and requirements. CONSULTANT
to confirm applicable zoning and CEQA requirements with CITY.
1.3 Work shall comply with applicable standards and regulations including but not limited to
Americans with Disabilities Act standards, safety requirements, energy efficiency
standards, storage and handling standards for fuels and chemicals [scope assumes that no
specialty subconsultant is needed]; Cupertino Sanitary District standards; Fire Department
standards; and air and water quality protection standards.
1.4 CONSULTANT to confirm program and budget with CITY.
1.5 CONSULTANT to prepare a conceptual site plan alternative. Site plan design shall:
a. Respond to existing topography and goal to minimize use of retaining walls.
b. Minimize impact of storage yard on adjacent planned improvements to Blackberry
Farm parking lot and make use of shared access driveway route.
A-2
c. Provide vehicular ingress/egress to both adjacent golf course and parking~area.
d. Provide convenient public access from golf course to shared restrootn.
1.6 CONSULTANT to meet with CITY staff and stakeholders at a site review or
teleconference to discuss project requirements.
1.7 CONSULTANT to revise and finalize the concept based on CITY input.
2. TASK #2: SCHEMATIC & DESIGN DEVELOPMENT
2.1 CONSULTANT shall coordinate and manage its subconsultants throughout design and
coordinate with CITY' S staff.
2.2 CONSULTANT to do preliminary code compliance evaluation.
2.3 CONSULTANT shall meet to review proposed design with CITY staff and golf course
operator's representative.
2.4 CONSULTANT to prepare a Design Development package and statement of
probable construction cost.
2.5 CONSULTANT shall provide all services necessary for the preparation of
Design Development documentation for review and approval by the CITY. Said
documentation shall be based on the approved conceptual design. Design Development
documentation services to be provided by CONSULTANT shall include, but not be
limited to, architectural and associated engineering design/docutnentation services,
including documents necessary to establish the scope, relationship, forms, size,
appearance and cost of the Project.
2.6 Deliverables:
a. The Design Development documents shall include floor plans and site plans; sections;
elevations; equipment layouts; preliminary foundation design; and typical
construction details for primary elements.
b. The Design Development documents shall include recommendations acid schedules or
outline specifications for finishes, materials, major products, equipment selections,
and elements such as doors, windows, and roll-up vehicle doors.
c. The Design Development documents shall indicate site work to within 10 feet of the
building and yard or as required for appropriate conforms to adjacent planned work.
d. The Design Development documents shall identify building and/or code requirements,
and design loads and/or performance criteria as applicable. Documents shall identify
utility service requirements/sizing, including electrical, water, sanitary sewer, storm
drainage, telephone, data/internet.
A-3
e. Engineering documents shall include single line diagrams describing utility systems
and address structural requirements.
£ Provide outline specifications to identify major materials and elements and establish
their quality levels. Prepare draft documents consistent with CITY standard
specifications and details and suitable for public agency bidding and award to lowest
responsible bidder.
g. The CONSULTANT shall be allowed to identify bid alternate(s), as deemed
necessary to enhance the likelihood that actual costs shall agree with the statement of
probable construction cost.
h. CONSULTANT shall submit one (1) set of Reproducible, and six (6)
copies of the Design Development documents for the CITY.
3. TASK #3: CONSTRUCTION DOCUMENTS:
3.1 CONSULTANT shall coordinate and inanage.subconsultants throughout constructions
documents phase.
3.2 CONSULTANT shall refine and further develop approved Design Development package
based on review comments and CITY input.
3.3 CONSULTANT shall attend one project team meeting to present and review project
elements.
3.4 CONSULTANT shall prepare a 95% Construction Documents package and cost estimate,
complete and suitable for construction. Package shall be suitable for Community
Development [Building] Department and Santa Clara County Fire Department plan check
review.
3.5 CONSULTANT shall prepare the 100% Construction documents package with final
quality control review from CITY and Santa Clara County Fire Department back check
corrections.
3.6 Deliverables:
a. The CONSULTANT shall provide 95% and 100% Construction Documents package
based on the approved Design Development documents, CITY reviews, and updated
budget. The Construction Documents packages shall set forth in detail the
requirements for construction of the project. The Construction Documents package
shall include Drawings and Specifications that establish in detail the quality levels of ~
materials and systems required for the Project.
b. Construction Documents package shall include complete drawings and specifications,
executed to a level of detail appropriate for open public bidding. CONSULTANT
A-4
shall prepare the Technical Specifications, Special Provisions and Bid Schedule. City
shall provide City's Getleral Provisions, bid proposal forms and applicable City
standard fortes. CONSULTANT shall provide all calculations needed to secure
building permits and ensure compliance with regulations.
c. CONSULTANT shall submit one (1) set of Reproducible documents at 95% and
100% completion of Construction Documents for review and approval by the CITY
and for bidding. Plans shall be provided at full scale and 50% reduced scale. Each
plan and specification submittal shall include two wet-stamped hard copies for
building permit review.
d. CONSULTANT shall include detailed technical specificatiotls for all disciplines, and
special provisions as needed.
e. CONSULTANT shall provide final estimate of probable construction costs.
CONSULTANT shall provide, if needed, one or more bid alternates to help ensure
project stays within budget.
5. TASK #5: BIDDING AND AWARD:
5.1 CONSULTANT shall assist CITY during bid solicitation process. CONSULTANT shall
prepare one reproducible bid package for CITY, and will make available to the CITY an
electronic version of the Construction Documents.
5.2 CONSULTANT shall provide bid phase services, as requested by the CITY, through
award of the Contract for Construction for the following:
a. Responses to bidders' inquiries.
b. Assist in preparation of addenda.
c. Attendance at one (1) pre-bid meeting.
d. Assist in evaluation of bids as requested.
5.3 Deliverables:
a. One (1) reproducible 100% Construction Documents package with CITY'S reviews
and plan check, including Fire Department, ready for Bid, Award, and Construction.
6. TASK #6: CONSTRUCTION ADMINISTRATION:
6.1 Construction Administration services are not included in this contract.
SECTION 3: BUDGET STATEMENT OF PROBABLE CONSTRUCTION COST:
A. CONSULTANT shall design the Project so that the estimated probable construction cost is less
than or equal to the established Construction Budget. The "Construction Budget" shall be defined
A-5
as the amount available for construction of the Project, including contingencies for changes during
the bidding and construction phases.
B. Should the statement of probable construction costs exceed the Construction Budget,
CONSULTANT shall submit alternate approach to the design or construction of the Project that
will reduce the construction costs to within the Construction Budget. CONSULTANT shall
implement such changes as endorsed by the CITY. In preparing the statement of probable
construction costs, the CONSULTANT, in consultation with CITY, shall be permitted to include
contingencies and to make reasonable adjustments to the Project, including alternate bid items, to
adjust the estimated construction cost to meet the Construction Budget.
A-6
EXHIBIT C
COMPENSATION
CITY agrees to compensate CONSULTANT for professional services performed in accordance with the
terms and conditions of this Agreement. The maximum amount of compensation to be paid to
CONSULTANT under this Agreement, including both payment for professional services of Thirty Three
Thousand and 00/100 Dollars ($33,000.00) and reimbursable expenses allowance of Two Thousand and
00/100 Dollars ($2,000.00), shall not exceed Thirty Five Thousand and 00/100 Dollars ($35,000.00).
The CONSULTANT agrees to perform all the services, described in Exhibit A Scope of Services, and
reimbursable expenses, for the total sum shown below. The following sets forth the distribution of
CONSULTANT'S budget amount for each described service and in no event shall CONSULTANT
exceed the amount specified for the described service.
A. Basic Services:
Task#1: CONCEPTUAL DESIGN $ 8,000.00
Task #2: DESIGN DEVELOPMENT 10,00.00
Task #3: CONSTRUCTION DOCUMENTS 13,500.00
Task #4: BIDDING AND AWARD 1,500.00
SUBTOTAL $ 33,000.00
REIMBURSA BLE EXPENSE ALLOWANCE $ 2,000.00
CONSULTANT shall not exceed specified budget amounts for any phase or task without prior
authorization from the CITY. The CITY Parks and Recreation Director may approve in writing the
transfer of budget amounts between any of the phases or categories listed above provided the total
Agreement amount does not exceed the agreed-upon not-to-exceed fee. The CONSULTANT shall
invoice monthly based on percent completion per task against the sum total as shown above.
Note 1
Note 2
Reimbursable expenses are billed with back-up documentation, plus 10%. Reimbursable
Expenses for the basic scope of work shall not exceed Two Thousand and 00/100 Dollars
($2,000).
Additional Services are for scope of work items that are unforeseen under this
Agreement. The CONSULTANT is not to perform additional services without prior
written authorization of the CITY. Services not specified in Exhibit A shall be separately
negotiated as additional services to be paid on a lump sum or a time and material basis,
based on the rate schedule as shown on Exhibit D, as authorized by the Director of Parks
and Recreation. CITY has set aside the sum of Seven Thousand 00/100 Dollars
($7,000.00) for the payment of Additional Services.
C-1
~ s~ 9~a ~
,a-co CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY)
11/19/2007
PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
RONA BLEVINS, AGENT, LUTCF ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
737 CALIFORNIA DRIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
BURLINGAME CA 94010 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE NAIC #
INSURED
CHRIS RIDGWAY ARCHITECT INC INSURER A: State Farm General Insurance Company 25151 25151
.
785 MAIN ST STE G INSURER B:
HALF MOON SAY CA 94019-1987 INSURER C:
INSURER D:
w....~ n ....-.. INSURER E:
vv v r=r
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.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MM/DD/YY) DATE (MM/DD LIMITS
X GENERAL LIABILITY 97-GX-4202-4 10/17/06 10/17/08 EACH OCCURRENCE $ 1, 000, 000
X COMMERCIAL GENERAL LIABILITY PREM SES Ea occurrence $
CLAIMS MADE ~ OCCUR MED EXP An one erson $ 5 , 0 0 0
PERSONAL & ADV INJURY 1
0 0 0
0 0 0
,
,
$
GENERAL AGGREGATE 2
000
000
GEMLAGGREGATE UMff APPLIES PER:
PRO same PRODUCTS- COMP/OP AGG ,
,
$
$ 2 , 0 0 0 , 0 0 0
-
POLICY JECT LOC
X AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident) $ 1, 0 0 0, 0 0 0
X ANY AUTO
X ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS
(Per person) $ 1, 0 0 0, 0 0 0
X X HIRED AUTOS BODILY INJURY
NON-OWNED AUTOS Per accident
( ) $ 2, 0 0 0, 0 0 0
PROPERTY DAMAGE
P
i $ 1, O O O
O O O
(
er acc
dent) ,
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY:
AGG $
EXC ESSNMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE $
DEDUCTIBLE
RETENTION $
$
X WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY 97-Ks-0512-2 03-01-2001 03-01-2008 X WCSTATU- oTH-
TORY LIMITS ER
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
E.L. EACH ACCIDENT
$ 250 , 000
If yes, describe under EL DISEASE - EA EMPLOYEE $ 2 5 0 , 0 0 0
SPECIAL PROVISIONS below EL. DISEASE -POLICY LIMIT $ 5 0 0 , 0 0 0
OTHER
DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES /EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
ARCHITECT
a..crr r rna.r+~ r c newt=rs CANCELLATIf7N
CITY OF CUPERTINO ("CITY") & ITS DIRECTORS , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE IXPIRATION
OFFICERS, ENGINEERS & EMPLOYEES & ALL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
DAYS WRITTEN
PUBLIC AGENCIES FROM WHOM _
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
103 0 0 TORRE AVE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
CUPERTINO CA 95014 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Agent, Rona Blevins
~i n4rn ..4,..
r.-~-• •-- -~ ~~~~ •.~~~ ~ ~ ~~ ~cy~au noun nvu~.ca in~waia vwnai si uN UI lI1C RIdfKS Dy Lfl@If feSP2CCZIVe OWr1erS Cc1AC:UMU GURPORATION 1988, 2007
132849 03-13-2007 All rights reserved
IMPORTANT
If the certificate holder 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 WAIVED, subject to the terms and conditions of the policy, certain 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 form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
o® CERTIFICATE OF LIABILITY INSURANCE
~- DATE (MM/DD/YYYY)
~ 11,19,2007
PRODUCER THIS CERTIFICATE IS ISSUED AS MATTER OF INFORMATION
RONA BLEVINS, AGENT, LUTCF ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
737 CALIFORNIA DRIVE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
BURLINGAME CA 94010 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
,~! INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURER A: State Farm General Insurance Company 25151 25151
CHRIS RIDGWAY ARCHITECT INC.
785 MAIN ST STE G INSURER e:
HALF MOON BAY CA 94019-1987 INSURER C:
INSURER D:
INSURER E:
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.
INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION
LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM/DD/YY DATE (MM/DD/YY) LIMITS
X GENERAL LIABILITY 97-GX-4202-4 10/17/06 10/17/08 EACH OCCURRENCE $ 1, 000, 000
X DAMAGET RENT D
COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $
CLAIMS MADE ~ OCCUR MED EXP (An one erson $ 5 , 0 00
PERSONAL & ADV INJURY $ 1, 0 0 0, 0 0 0
GENERAL AGGREGATE $ 2, 000, 000
GENL AGGREGATE LIMrr APPLIES PER same PRODUCTS - COMProP AGG $ 2 , 0 0 0 , 0 0 0
PRO-
POLICY JECT LOC
X AUT OMOBILE LIABILITY COMBINED SINGLE LIMIT
0 0 0
0 0 0
$ 1
(Ea accident) ,
,
X ANY AUTO
X ALL OWNED AUTOS BODILY INJURY $ 1
0 0 0
0 0 0
(Per person) ,
,
SCHEDULED AUTOS
X X HIRED AUTOS BODILY INJURY
0 0 0
0 0 0
$ 2
(Per accident) ,
,
NON-OWNED AUTOS
PROPERTY DAMAGE $ 1
0 0 0
0 0 0
(Per accident) ,
,
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY:
AGG $
EXCESSNMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR ~ CLAIMS MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
X WORKERS COMPENSATION AND
EMPLOYERS' LIABILITY 97-Ks-0512-2 03-01-2001 03-01-2008 X WCSTATU-
TORY LIMITS OTH-
ER
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 250,000
OFFICER/MEMBER EXCLUDED?
2 5 0
0 0 0
EL DISEASE - EA EMPLOYEE ,
$
If yes, describe under
SPECIAL PROVISIONS below E.L DISEASE -POLICY LIMIT $ 5 0 0 , 0 0 0
OTHER
DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES! EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS
ARCHITECT
CERTIFICATE HOLDER CANCELLATION
CITY OF CUPERTINO ("CITY") & ITS DIRECTORS, SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
OFFICERS, ENGINEERS & EMPLOYEES & ALL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
PUBLIC AGENCIES FROM WHOM NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
10300 TORRE AVE IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
CUPERTINO CA 95014 REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
Agent, Rona Blevins
ACORD 25 (2001/OS) I ne registration notices Indicate ownersnlp or the marKS by their respective owners (VA(:URU I::VnrurlAl lurv latss, zuui
132849 03-13-2007 All rights reserved
IMPORTANT
If the certificate holder 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 WAIVED, subject to the terms and conditions of the policy, certain 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 form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)