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13-056 Callander Associates, Landscape Architecture Inc., Consultant Service for Linda Vista Park Accessibility Analysis / OFFICE OF THE CITY CLERK ri CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 t9j. TELEPHONE: (408)777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO May 16, 2013 Callander Associates 300 S. First Street San Jose, CA 95113 Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, . Dorothy Steenfott Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF AGREEMENT • CITY OF CUPERTINO 10300 Torre Avenue I C upertino, CA 95014 17g CUPERTINO Vrc 408 7773200 NO.Li����a� THIS AGREEMENT, made and entered into this 8th day of May 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and CALLANDER ASSOCIATES, LANDSCAPE ARCHITECTURE, INCORPORATED, located at 300 South First Street, San Jose, California 95113, telephone no.: (408) 275-0565, (Hereinafter "CONTRACTOR") in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: LINDA VISTA PARK-ACCESSIBILITY ANALYSIS - Prepare an interpretation of the requirement to improve access as a result of a proposed modification of the lower picnic and pond area of Linda Vista Park. Check box if services are further described in an Exhibit. X EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on May 8, 2013 and shall be completed no later than June 13, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A maximum total not to exceed 15,000.00 to be paid in accordance with the attached 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 shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Linda Vista Park-Callander Associates-Accessibility Analysis-May 2013 Page 1 of 3 Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Linda Vista Park-Callander Associates-Accessibility Analysis-May 2013 Page 2 of 3 Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: Katy Jensen (408-777-3248) 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:: "� CITY OF CUPERTI 0: By 0\.. ( "... �� 4 By Title A r a ■ S L -el ti,,. Title: CIP Mana APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE _ACCOUNT NUMBER AMOUNT 110-8101-7014 $5000.00/i,7/46 CITI�A N Y ED AS FORM DATE CITY r K: ATTEST ,, DATE k__p _b,.,.,C 5- -l6-t i , Linda Vista Park-Callander Associates-Accessibility Analysis-May 2013 Page 3 of 3 Exhibit A-LINDA VISTA PARK-ACCESSIBILITY ANALYSIS Scope of Services Prepare a professional interpretation of the requirement to improve access at Linda Vista Park as a result of proposed improvement of the lower picnic and pond area. Preliminary plans and estimates for improvements to both the lower picnic area, and access to the lower picnic area were previously prepared by Callander Associates. These plans and estimates would be referenced in determining the access improvement requirements. Regulatory guidelines to be referenced in interpreting the requirements include: -2010 CA Building Code (adopted by City, 1/1/2011, including all errata to current date) -2010 ADA Standards for Accessible Design (including all errata to current date) Complete the following Basic Service tasks in the order shown: 1.0 DETERMINATION OF COMPLIANCE REOUIREMENT 1.01 CodeReview: Review existing code requirements for applicability to the project and excerpt relevant passages from overall documents. 1.02 Building Department Consultation: In anticipation that your building department will ultimately be responsible for permitting the project we propose to meet with them for an over the counter review of the picnic area and access improvements to obtain concurrence on access compliance requirements. A topic of discussion is anticipated to include prioritization of improvements assuming that implementation of all the improvements constitutes an unreasonable hardship. 1.03 Draft Findings: Prepare a brief (one to two page) summary of findings. Among the items to be included are clear explanations of the applicability of cited sections and a suggested prioritization of access improvements. 1.04 Review Meeting: Meet with you to review the draft findings and identify any items requiring further investigation. Review the access improvement plans to evaluate possible alternatives to the improvements. 1.05 Final Recommendations:Prepare report with final recommendations to achieve code compliance. Recommendations to include code citations, explanation of applicability,lower picnic area plans (previously completed), Linda Vista Park-Callander Associates-Accessibility Analysis-May 2013 Exhibit A-LINDA VISTA PARK-ACCESSIBILITY ANALYSIS Scope of Services accessibility plans (completed previously) cost estimates for picnic areas and accessibility improvements (completed previously),ranking or prioritization of access improvements (as found relevant), and a listing of possible alternative improvements as identified through the course of the project. Submit two (2) hard copies and an electronic version of the final report. 2.0 COMPENSATION SUMMARY Total Compensation for the basic services, including deliverables: $3,600 Inclusive of all time and materials costs. No reimbursable expenses will be added to the compensation for the basic services. 3.0 ADDITIONAL SERVICES 3.01 All tasks not specifically noted above may be performed as additional services. Additional services may include,but are not be limited to, additional revisions or additional submittals requested by the City, additional meetings,or other tasks not specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be authorized at the request of the City by a written letter. Included in the maximum compensation authorized under this agreement is a budget of$400.00 for additional services. Under no circumstances shall additional services authorized under this agreement exceed that maximum amount set aside for Additional Services.. The following list of hourly fees and reimbursable expense items shall be used in providing Additional Services in the agreement: Hourly Rates - Standard Schedule of Compensation 2013 Senior Principal $211/hour Construction $129/hour Principal $163/hour Assistant 1 $119/hour Associate 1 $158/hour Assistant 2 $113/hour Associate 2 $146/hour Assistant 3 $101/hour Associate 3 $131/hour Assistant 4 $93/hour Project Manager 1 $146/hour Assistant 5 $82/hour Project Manager 2 $131/hour Assistant 6 $75/hour Project Manager 3 $126/hour Word Processor $95/hour Project Manager 4 $119/hour Accounting $110/hour Project Manager 5 $113/hour Linda Vista Park-Callander Associates-Accessibility Analysis-May 2013 Exhibit A -LINDA VISTA PARK-ACCESSIBILITY ANALYSIS Scope of Services Reimbursable Expenses All costs for photography, printing and plotting, special delivery,local business licenses, sales taxes, mileage, outside services, and all other costs directly related to the project will be billed as a reimbursable expense at our cost plus a fifteen percent (15%) administration charge. 4.0 PAYMENTS Payments are due within thirty (30) days after monthly billing with amounts more than thirty days past due subject to a 1.5% per month interest charge. Linda Vista Park-Callander Associates-Accessibility Analysis-May 2013 Client#: 56 CALLAASS01 DATE(MM/DD ACORDT. CERTIFICATE OF LIABILITY INSURANCE 5/07/2013 m) 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: American Automobile Ins.Co. Callander Associates INSURER B: Hartford Accident&Indemnity Landscape Architecture, Inc. INSURER C: Argonaut Insurance Company 311 Seventh Avenue INSURER D: San Mateo,CA 94401-4259 -- 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. NSR TYPE OF INSURANCE POLICY NUMBER POLITY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD DATE MMIDD • GENERAL LIABILITY AZC80877228 07/07/12 07/07/13 EACH OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY GENERAL LIAR FIRE DAMAGE(Any one fire) $12000 000 CLAIMS MADE FAI OCCUR EXCLUDES CLAIMS MED EXP(Any one person) $10,000 ARISING OUT OF PERSONAL&ADV INJURY s2,000,000 THE PERFORMANCE GENERAL AGGREGATE $4 000 000 GEN'L AGGREGATE LIM IT APPLIES PER: OF PROFESSIONAL PRODUCTS-COMA/OPAGG s4,000,000 POLICYFx_1 JjECOT LOC SERVICES. _ • AUTOMOBILE LIABILITY AZC80877228 0707/12 07/07/13 COMBINED SINGLE LIMIT ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY AZC80877228 07107/12 07/07113 EACH OCCURRENCE $11,000,000 X1 OCCUR 1:1 CLAIMS MADE AGGREGATE s2,000,000 DEDUCTIBLE $ RETENTION $ _ $ B WORKERS COMPENSATION AND 57WECDS3861 07!01/12 07/01/13 X WcsTArT oTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $1,000,000 _ E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional IAE1240701 12/31112 12/31/13 $2,000,000 per claim iability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSA/EHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the named insured. Waiver of Subrogation applies to Worker's Compensation coverage per policy form wording. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYSWRITTEN 10300 Torre Avenue HOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BUTFAILURE TODOSOSHALL Cupertino,CA 95014 IMPOSE NOOBLIGATION OR LIABILITYOF ANYKIND UPONTHE INSURE RJTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25S(7/97)1 of 1 #S612161/M475953 BMA 0 ACORD CORPORATION 1988 Client#: 56 CALLAASS01 DATE(MM/DD ACORD.. CERTIFICATE OF LIABILITY INSURANCE 7/0312013nY) 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 Oakland,CA 94604-2675 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 510 465-3090 INSURERS AFFORDING COVERAGE INSURED 114SURER A: American Automobile Ins.Co. Callander Associates INSURER B: Hartford Accident&Indemnity Landscape Architecture, Inc. INSURER c: Argonaut Insurance Company 311 Seventh Avenue INSURER 0: San Mateo,CA 94401-4259 IVSURER 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. NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE MM/DD DATE MMIDD/YY • GENERAL LIABILITY AZC80877228 07107113 07/07114 EACH OCCURRENCE s2,000,000 X COMMERCIAL GENERAL LIABILITY GENERAL LIAB FIRE DAMAGE(Any one fire) $1000000 CLAIMS MADE 1XI OCCUR EXCLUDES CLAIMS MED EXP(Any one person) $10000 ARISING OUT OF PERSONAL&ADV INJURY s2,000,000 THE PERFORMANCE GENERAL AGGREGATE s4,000,000 GEN'LAGGREGATE LIM ITAPPLIES PER: OF PROFESSIONAL PRODUCTS-COMP/OP AGG $4 000 000 POLICY X PEo- LOC SERVICES. _ • AUTOMOBILE LIABILITY AZC80877228 07107/13 07/07/14 COMBINED SINGLE LIMIT $1,000 000 ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY X NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS LIABILITY AZC80877228 07107/13 07/07/14 EACH OCCURRENCE $1,000,000 X OCCUR FI CLAIMS MADE AGGREGATE s2,000,000 DEDUCTIBLE $ RETENTION $ _ $ T RY I I B WORKERS COMPENSATION AND 57WBGEX0251 07,'01/13 07/01/14 �( WCSTATU- OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1,000,000 E.L.DISEASE-EA EMPL OYEE $1,000,000 _ E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional IAE1240701 12;131/12 12131/13 $2,000,000 per claim Liability $2,000,000 annl aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS All operations of the named insured. Waiver of Subrogation applies to Worker's Compensation coverage per policy form wording. CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOF TH E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN 10300 Torre Avenue NOTICETOTHE CERTIFICATE HOLDER NAMED TOTH E LEFT,BUTFAILURE TODOSOSHALL Cupertino,CA 95014 IMPOSE NOOBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURE RJTS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S(7/97)1 of 1 #S665387/M665227 BMA © ACORD CORPORATION 1988 Insured: Callander Associates Policy Number: 57WBGEX0251 Effective Date: 07/01/13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Process Date: Policy Expiration Date: