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08-117 Hill Associates, Stream Restoration and Park and Trail Improvements ~ ~G~ AGREEMENT CITY OF CUPERTINO 10300 TorrE: Avenue Cupertino, ~;A 95014 408-7 i 7-3200 N O. ~7J~-~~~~ BY THIS AGREEMENT, made and entered into this 15'n day of August, 2008, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and Flill Associates, 479 N_ Santa Cruz Avenue, Los Gatos, CA 95030, Phone: 408-395-2165 (hereinafter referred to as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follo'~nrs: CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide landscape architectural consulting services for Stevens Creek Corridor Park, Project 9112, including design services and construction phase support, per the attached scope of services. EXHIBITS: The following attached exhibits hereby are rnade part of this Agreement: EXHIBIT A -PROPOSAL EXHIBIT B -FEE SCHEDULE EXHIBIT C -INSURANCE REQUIREMENTS TERMS: The services and/or materials furnished under this Agreement shall commence on August 15, 2008 and shall be completed before December 31, 2009 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR an amount not to exceed $54,000.00 and per the attachesd Exhibit A. 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 pertorming 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 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: NAME: Terry W. Greene, AIA DEPARTMENT: Public Works `~ ENTERED 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: By i ~~f`~~ .4~ >G~ll~G Title ~ /~ ~~i l ~- Soc. Sec. # or Tax I.D. ~ '- APPROVALS CITY OF CUPERTINO: By ~7~~Ll,`Ir~s Terry W. Greene, City Architect EXPENDITURE DISTRIBUTION A EN E / / , / / /~~ `, /`~I/IC (~ D.~TE, ~~ ~~ ~ ~ 427-9112-9300 _--~ $54,000.00 CIT ERK * D AI O ~a -7 Ic~3 ~ ~ o EXHIE:IT A STEVENS CREEK CORF:IDOR, PROJECT 9112 PROPC/SAL STREAM RESTORE~TION PHASE lA PARK AND TRAIL IMPROVEMENTS PHASE 1B Hill Associates will provide landscape architectural design, consulting and construction support services as requested by City. Expected work items are identified below. ANTICIPATED WORK ITEMS Task A: Tsai Residence On-site meetings with City staff Review existing site information Site visit &z photography Prepare landscape plan at driveway Prepare irrigation plan at driveway Prepare security gate plan and details Prepare privavy fence or low retaining wall plan and details Task B: Revise Roofed Trash Enclosure On-site meetings with City staff Prepare revised CD package with_ Revise layout/demo plans Revise details Revise structural calculations Task C: Planting Enhancements at West Bank [`gong island"] On-site meetings with City staff Select box tree sizes and species Prepare planting details and specifications Provide field layout, two site visits Revise planting and irrigation plans for new trees Task D: Horseshoe Bend Plantings On-site meetings with City staff Revise planting at Horseshoe Bend Revise irrigation at Horseshoe Bend Task E: ADA Access Ramp Plantings On-site meetings with City staff Revise planting at ramp area Revise irrigation at ramp area Task F: Creek Landscaping Enhancements On-site meetings with City staff Provide species type selection, layout, details for large and specimen sized box trees along channel, boulder placement, etc. Travel time to review specimen box trees in Southern CA, Farmington, Woodside Hill Associates Scope of Services Page 2 of 2 EXHIE:IT A Task G: Other Planting Modifications On-site meetings with City staff Revise planting at refined trail alignment Revise irrigation at refined trail alignment Provide recommendations for species at BBF <:ntry drive as needed including adding/adjusting new trees to replace removals of unhealthy trees Task H: Captain Stevens and Tot Lot On-site meetings with City staff Modifications to existing tot lot per applicable code/requirements Design and type selection for new equipment Provide recommendations for species at BBF a+ntry drive as needed including adding/adjusting new trees to replace removals of unhealthy trees Provide landscape and irrigation where two story ice machine will be removed. Task I: Concession Stand On-site meetings with City staff Modify fencing, paving, pathways access to allow pedestrian access from the pool area and the Captain Stevens area. Task J: Softball Field Renovation On-site meetings with City staff Provide design which converts a portion of the existing softball field to 4 bocce ball courts with trellis and seating for spectators. Task K: Park Maintenance Area On-site meetings with City staff Provide revised landscape design to accommodate removal of existing maintenance facility 8r restrooms adjacent to existing basketball area Task L: Color and Materials Board On-site meetings with City staff Provide input on color and finish palette 8c smaples as needed for exisitng and proposed buildings Task M: McClellan Ranch On-site meetings with City staff Provide design for trail gathering spot at meadow with relocated sundial, seatwall, signage and access from parking lot Provide design for wood-post trailside fence ab~~ve 4H including bulkead at toe of fence Task N: Other Services Allowance On-site meetings with City staff Provide revisions/modifications/enhancements i or other unspecified tasks as requested, such as treatment for water tank and/or waterworks removal area; trellis and bridge approach refinements; fence design for trail at meadow 8c parking edge FEE ESTIMATE: $54,000 inclusive of reimbursable expenses NOT INCLUDED: Allowance for two or three water color exhibits/renderings (by Barney Davidge and Associates= $10,000 Hill Associates Scope of Services Page 2 of 2 EXHIE3IT 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 re~:ults of that work by the Contractor, his/her agents, representatives, employees or subcontractors. CONTRACTOR 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 million dollars ($1,000,000.00), combined single limit for any one 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 two million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) Consultant shall also provide aggregate limits endorsement and primary insurances 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,OOCi,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. 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 b~shalf 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 20 1 O 1 1 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 (or 1 O days notice for cancellation due to nonpayment). 5. All policies, endorsements, certificates, 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. 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. Verification of Coverage CONTRACTOR 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 specific:3tions, 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.