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10-056 SSA Landscape Architects Inc., Professional Services for Stevens Creek Corridor Phase 2 Project AGREEMENT BETWEEN CITY OF CUPERTINO AND SSA LANDSCAPE LANDSCAPE ARCHITECTS INC. FOR PROFESSIONAL SERVICES FOR STEVENS CREEK CORRIDOR PHASE 2 PROJECT THIS AGREEMENT is made and entered into this of � , 2010 by and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY and SSA LANDSCAPE ARCHITECTS, INC., hereinafter referred to as CONSULTANT. RECITALS WHEREAS, CITY desires to obtain design and professional consulting services for Stevens Creek Corridor Phase 2, Project 9134 (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 SSA Landscape Architects, Inc. as CONSULTANT to the CITY to perform those ser ✓ices specified in Exhibit A of this Agreement, and the parties hereby agree as follows: Section 1. Scope of Services CONSULTANT shall perform those services specified in Exhibit A, titled "Scope of Work ", which is attached hereto and incorporated herein. Section 2. Term of Agreement The term of this Agreement shall continue through December 31, 2011 subject to the provisions of Exhibit A and of this Agreement. In the event that the services called for under this Agreement are not completed within the time specified, the Public Works Director or his designee may extend the time for completion. Section 3. Schedule of Performance The services of CONSULTANT are to be completed according to the schedule set out in Exhibit A, 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 Seventy Six Thousand Dollars ($76,000.00) for Basic Services inclusive of Reimbursable Expenses. An Additional Services allowance of $10,000 is also included for potential services that would exceed the basic scope. Such Additional Services shall only be performed upon advance written authorization by CITY. Total Bees shall not exceed Eighty Six Thousand Dollars ($86,000.00). The rate of payment is set out in Exhibit B, which is attached hereto and incorporated herein. Section 5. Method of Payment Upon completion of each task as specified in Exhibil. A, the CONSULTANT shall furnish to the CITY a statement of the work performed for compensation Curing 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 Public Works Director shall be representative of CITY for all purposes under this Agreement. The City Architect, Terry Greene, is hereby designated as the Public Works Director's designee and Project Manager, and shall supervise the progress and execution of this Agreement. 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 Employe 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 cr 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 refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a Agreement between City of Cupertino and SSA Landscape Architects 2 disorderly or improper manner, such employee or subconsultant shall be discharged immediately from the work under this Agreement on demand of the City. Section 10. Indemnification CONSULTANT shall defend, indemnify, and hold harmless CITY, its officers, and agents of any and all claims, loss, or liability arising out of or resulting, in any way, from the work performed under this Agreement to the extent due to the willful or negligent acts (active or passive) or omissions by CONSULTANT's officers, employees, or agents. The acceptance of said services and duties by CITY should not operate as a waiver of such right of indemnification. This provision shall survive the term of the Agreement. Section 11. Insurance A. Workers' Compensation The CONSULTANT shall furnish the CITY within 15 days following the execution of this agreement, a certificate of 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. B. Professional Liability, General Liability and .Automobile Liability Coverages The CONSULTANT shall, at its own expense, maintain during the performance of this contract professional liability, general liability and automobile liability insurance in the coverage amounts as provided below. 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 insurance endorsement. 3. Professional Liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, en-ors or omissions and shall not be less than one million dollars ($1,000,000.00) per claim and two million dollars ($2,000,000.00) in the aggregate. This coverage shall be maintained for a period of 5 years after completion of the agreement. 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 additional 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 leas: as broad as ISO Form CG 20 37 07 04 or CG 20 Agreement between City of Cupertino and SSA Landscape Architects 3 10 11 85), as a separate Owner's and Contractor's Protective Liability Policy, or on the Entity's own form. 3. The General and Auto 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. 5. All policies, endorsements, certificates and/or binders shall be subject to approval by the City Manager of CITY or his designee as to form and content. These requirements are subject to amendment or waiver if so approved in writing by CITY. 6. If CONSULTANT fails to maintain any required insurance, CITY may take out such insurance, and deduct and retain amount of premium from any sums due CONSULTANT under the Agreement. 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 rig.it 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 As 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. CITY's Public Works Director 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. Agreement between City of Cupertino and SSA Landscape Architects 4 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. Section 17. Ownership of Materials All reports, documents, or other material developed cr 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. D. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULTANT'S business, CITY may, by written request by any of the above -named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONSULTANT, CONSULTANT'S representatives, or CONSULTANT'S successor -in- interest. Agreement between City of Cupertino and SSA Landscape Architects 5 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. Section 21. Gifts A. CONSULTANT is familiar with CITY'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: Public Works Director City of Cupertino 10300 Torre Avenue Cupertino, CA 95014. To CONSULTANT: Steven Sutherland SSA Landscape Architects, Inc. 303 Potrero Street, Suite 40 -C Santa Cruz, CA 95060 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. Agreement between City of Cupertino and SSA Landscape Architects 6 Section 24. Agreement Binding/Prior Agreements a 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. Section 25. Costs and Attorneys 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 information to the CITY, City's Representative, or Construction Contractor via electronic transmission. The CITY, City's Representative, or Contractor shall not be entitled to and CITY hereby agrees not to alter or modify any such information without the express 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 th 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. Dispute Resolution Any dispute related to the services hereunder shall be resolved by the parties pursuant to applicable law. Section 28. Compliance with Laws In performance of the Services, CONSULTANT will. comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the services described in Exhibit A. CONSULTANT shall not be responsible for procuring permits, certificates, and licenses required for constntction unless such responsibilities are specifically assigned to CONSULTANT in the written Scope or a written Additional Services authorization. Agreement between City of Cupertino and SSA Landscape Architects 7 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 S County of � J �'� l On �( , lvN� 1,j, )&10 before me, S j Date �/ _ Here Insert Name tend Title of the Off r personally appeared 1,, 1—� X Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(.-4 whose name(p) is /Wb subscribed to the within instrument and acknowledged GRACE SCHMIDT to me that he /sly /tt 6y executed the same in Commission 9 1720127 his /l?,or /tKy authorized capacity(i9S), and that by emy Notary Public - California his /h ;�r /tViit si nature on the instrument the Santa Clara County '!� g Comm. Expires Feb 21 2011 person or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature: ��C f Place Notary Seal Above Signature of Notary Public OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document 1 Title or Type of Document: C P Document Date: A)6 Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer— Title(s): [❑ Corporate Officer — Title(s): ❑ Individual L] Individual ❑ Partner — ❑ Limited ❑ General Top of thumb here [❑ Partner — ❑ Limited ❑ General Top of thumb here ❑ Attorney in Fact ❑ Attorney in Fact ❑ Trustee L] Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: L] Other: Signer Is Representing: :signer Is Representing: © 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876- 6E;27) Item #5907 WITNESS THE EXECUTION HEREOF on the day and year first herein above written. A V D S TO FORM: CITY OF CUPERTINO a municipal corporation City ttorney B date NOTARY PUBLIC CERTIFICATION City Manager, David Knapp JOHN F. CUROTTO Attes COMM. #1717379 NOTARv PUBLIC • CALIFORNIA n City Clerk, Kimberly mith SANTA CRUZ COUNTY Comm. Exp. FEB. 5, 2011 10300 Torre Avenue Cupertino, CA 95014 State of California 408 - 777 -3223 County of On _dA /_m /_y io, before me, CONSULTANT ' SSA Landscape Architects, Inc. Notary Public, person ti&%QLL_AP& appeared By: R. D known to me (or proved to me on the basis of satisfactory evidence) to be the person M whose Date: fi 2010 name (c,-) is / are subscribed to the within Name: Steven R. Sutherland instrument and acknowledged to me that he / ehe / Title: Principal, CEO +ey executed the same in his / Ise / their. capacity Tax I.D. No.: 77- 0308064 4"), and that by his / fTCr / Ekeir signature (s) on 303 Potrero Street, Suite 40 -C the instrument the person (s) or the entity upon Santa Cruz, CA 95060 behalf of which the person (s) acted, executed the 831 - 459 -0455 instrument. my han official seal. Signature o tary Public Contract Amount: $86,000.00 6 Account No.: 427 - 9134 -9300 Agreement between City of Cupertino and SSA Landscape Architects 8 EXHIBIT A SCOPE OF WORK For Design and Bid (Phase Services for Stevens Creek Trail Phase 2, Project 9134 Introduction Working with staff of the City of Cupertino (hereinafter "CITY "), SSA Landscape Architects, Inc. (herein after "SSA ") will complete the following phases of work: Phase One — Site Investigation and Programming Phase Two - Schematic Design Phase Three — Design Development Phase Four — Construction Documents (NIC) Phase Five — Bid Phase (NIC) SSA will prepare plans for the implementation of the Steven's Creek Trail Phase 2 as master planned by the CITY and as described below. SSAwill act as the Prime Consultant for this prcject and will subcontract with the following subconsultants: Civil and Structural Engineering — Mesiti- Miller Engineers (herein after "MME ") Electrical Engineering — Fehr Engineering Company, Inc. (herein after "FEHR ") Throughout the project SSA and its subconsultant team will coordinate with the CITY's geotechnical engineer and other consultants hired by the City as described below. The following consultants, if necessary, will be retained by the CITY: Hydrologist Arborist Environmental Consultant Archaeologist/Cultural Resources Underground Utility Location Service Golf Course Consultant Biologist SSA shall prepare a design that is estimated to meet CITY's construction budget. Should the estimate exceed the budget at any milestone, SSA and CITY shall confer to determine a course of action which may include scope reduction, material modifications, use of bid alternates, or other solutions. Scope is expected to include one to three bid alternates to optimize use of available funding. Alternates will be jointly identified as early in the design process as feasible to maximize efficiency of design services. Major design elements include but are not limited to: • New trail from Blackberry Farm trail terminus to Stevens Creek Boulevard and Golf /Blue Pheasant parking lot • Trail protective fencing for sections along golf course • New clear -span bridge across creek for pedestrians, bicycles and maintenance vehicles • Reconfiguration of Golf /Blue Pheasant parking lot to provide additional stalls • Revisions to Stevens Creek Boulevard frontage to provide bus dropoff and pickup area • New crosswalk on Stevens Creek Blvd. at Phar Lap with associated safety lighting/signage • Plantings and irrigation to be at trail heads, bridge crossing, trailside, and native plantings along creek banks • Utilities modifications to accommodate future restroorr_(s) and Stocklmeir site upgrades without disturbing new improvements • Trailside amenities Exhibit A: Scope of Work Stevens Creek Trail Phase 2 Page 2 of 5 Among the design goals and site constraints are the following: • Accommodate desired future use of Stocklmeir parcel as an educational and historical site with a "working legacy farm" and orchard • Be compatible with the Phase 1 trail, Blackberry Farm park, and McClellan Ranch park • Accommodate implementation of future creek restoration opportunities • Identify design and construction methods and timin; that minimize involvement by regulatory agencies due to presence of protected wildlife species and natural resou °ces • Address flood plain considerations • Keep the golf course in play and minimize impacts on ;;olfers • Minimize impacts on neighbors • Address staging and access constraints • Meet requirements of CEQA documents • Meet requirements of regulatory and permitting agencies • Meet requirements of outside fenders including Santa Clara Valley Water District • Protect creek channel, wildlife and habitat values • Protect significant trees and orchard trees • Protect water quality Phase One — Site Investigation and Progrannming a. Attend a design team kick -off meeting with consultant ream, environmental consultant and appropriate City staff to introduce the team to the CITY and discuss the project goals, program, and timelines; protocol for communication; identify standards for grading and storm drainage desipp and other potential conditions of approval; and identify the process for garnering approvals and environmental clearances. Task deliverable is to identify timelines, milestones and deliverables for approvals and clearances. b. Prepare minutes from the above meeting outlining timelines, milestones, action items, and submittal package requirements. c. Collect and review all existing documents from the CIT`( including reports, master plans, creek re- alignment designs, and minutes from public meetings, design plans and electronic base information and prepare electronic base for site analysis and schematic design. d. Visit site with base map from above and identify any special features, utilities, structures, opportunities and constraints and mark with paint or flags items that the > urveyor should pick up and include in the new survey described below. e. Coordinate with the surveyor to update the topographic and boundary survey that will include 50 foot grid of spot elevations and/or 0.5 foot contours or other approach as acceptable to SSA and CITY, pavements and improvements, structures, trees, easements and rights -of -ways based on record information, utilities above and below grade to the extent feasible, fencing, and project boundaries. CITY will collaborate with Underground Service Alert and utility location requests to ensure proper marking prior to surveyor work. CITY will forward available utility records to SSA. CITY will make public works staff available to review locations and condition of onsite utilities with SSA and to meet at the site as desired by SSA and surveyor. f. Attend a CITY meeting to review project approach and parameters, refine/ finalize the project program and review the future improvements including creek restoration design Exhibit A: Scope of Work Stevens Creek Trail Phase 2 Page 3 of 5 Phase Two — Schematic Design a. Throughout Design phases, SSA shall provide exhibits and documents as needed to support agency reviews and permitting efforts to be led by CITY. Permits and approvals are anticipated to be needed from California Department of Fish and Game; Santa Clara Valley Water District; Cupertino Sanitary District; San Jose Water Company; and Regional Water Quality Control Board/State Water. b. Prepare an initial Schematic Design (15 %) based on the approved Master Plan and creek re- alignment diagrams, focusing on trail alignment and bridge placement. Identify preferred location(s) for new bridge and provide two to three conceptual trail alignment alternatives as consistent with CEQA and permitting requirements and creek restoration goals. c. Prepare two conceptual layouts for parking lot renovations and street frontage layout to meet increased parking stall count and to provide bus drop -off venues. Provide conceptual cost information for one parking layout. d. Prepare an order -of- magnitude cost estimate for project as designed including general conditions, inflation, escalation and all soft costs. e. Present schematic plan and cost estimate to CITY at a meeting and collect feedback and direction on desired refinements. f. SSA will prepare minutes from the above meeting outlining action items and direction from CITY. g. SSA team shall review documents prepared by the surveyor in response to Phase 01 Tasks. Additional verification if needed shall be coordinated by SSA. Potholing to verify underground utilities, if deemed necessary, shall be considered an Additional Service. h. Provide trail surfacing material recommendation, and alternatives as feasible. L Prepare illustrative drawings for CITY presentation to Parks and Recreation Commission, City Council, and/or project stakeholders. Illustrative drawings will include colored plan view(s) and one or two section elevations. j. Present Schematic Design Plan to a stakeholder meetin or other group per CITY direction and collect feedback for the Design Development Phase. Illustrative drawings and presentation above may be shifted to a different phase as needed for the input process. Phase Three — Design Development a. Based on direction from CITY and input gathered under Phase Two described above, refine the final concepts and recommendations into Design Development Plans (50%) for the proposed improvements, including the following plans and/or items, and submit for review: 1. Cover Sheet - SSA Z. Existing Conditions - SSA 3. Demolition Plans - SSA 4. Site Plan — SSA 5. Access and Staging Plan - SSA 6. Grading and Drainage Plan - MME 7. Erosion Control Plan - MME 8. Parking, Crosswalk, Intersection, Signing & Striping Plan - MME 9. Landscape and Irrigation Plans - SSA 10. Site Lighting Plans & Calculations — FEHR 11. Technical Specifications Table of Contents - ALL b. Prepare updated construction cost estimate based on Design Development Plans. Exhibit A: Scope of Work Stevens Creek Trail Phase 2 Page 4 of 5 c. Coordinate with consultant team throughout the preparation of Design Development Plans. d. Meet with CITY staff, utility providers and/or Water District staff to review grading and drainage design, utilities coordination, or other technical requirements. e. Meet with the CITY in City offices or on the park site dL ring the Design Development Phase to present, review and collaborate on ideas and collect feed -back on refinements to plans and/or review the plans in a page - turning session. f. Meet once with stakeholders, task force, Commission, end CITY to present design. Phase Four — Construction Documents Not in Contract Phase Five — Bid Phase Not in Contract Additional Services SSA may provide additional services, as requested in advance by he CITY. Additional services will be negotiated separately based on the billing rates contained in the attached "SSA Rate Schedule ". All Additional Services must be authorized in writing by the CITY prior to the commencement of work. Additional services may include, but are not limited to: 1. Construction phase services. 2. Services related to stream channel relocation or golf course modifications. 3. Evaluation, coordination and engineering related to use or re -use of existing wells on site. 4. Unforeseen significant changes in the scope of work, design program, budget, or schedule. 5. Construction phase management and documentation. 6. Structural Engineering and/or Architecture services for a future restroom building. 7. Restoration of the Stocklmeir home or outbuildings. Fee Proposal The fees for the above scope of work tasks are as follows: Phase One — Investigation and Programming $9,200.00 Phase Two - Schematic Design $26,850.00 Phase Three — Design Development $39,550.00 Reimbursable Expense Allowance $400.00 Total Proposed Fees Phase One — Three $76,000.00 These services are proposed to be provided on a not to exceed hourly basis based on the hours and rates on the attached estimated fee spreadsheet. Fees will be billed monthly based on the actual effort in each task. Should it be determined that some tasks are not required or do not require the estimated effort, fees for that phase or task may be used by mutual consent for other tasks in other phases that require more effort than estimated. Exhibit A: Scope of Work Stevens Creek Trail Phase 2 Page 5 of 5 Schedule Services shall commence immediately. Phase Two services shall be completed by August 15, 2010 and Phase Three services shall be completed by October3Q 2010 unless otherwise acceptable to CITY. Services to be Provided by the CITY 1. Procurement of services for consultants listed ender project understanding to be contracted directly with the CITY. 2. CITY review, comment and directives as requested by SSA. 3. Coordination and administration of reviews and approvals by internal and external jurisdictional agencies. Reimbursable Expenses Included in the FEE PROPOSAL is an allowance for reimbursable expenses such as plotting, printing and reproduction, shipping and postage, all of which will be provided per the attach d "SSA Rate Schedule ". Billings will be submitted on or around the 25' of each month based on the actual reimbursable expenses incurred for the previous month. EXHIBIT B r) S( ;1 P E R( f -i I T E(� T S I N C RATE SCHEDULE STANDARD BILLING RATES Effective through December 2010 PROFESSIONAL SERVICES Principal Landscape Architect $184.00 / Hour Senior Project Manager $170.00 / Hour Project Manager $145.00 / Hour Biologist $350.00 / Hour Landscape Architect $122.00 / Hour AutoCAD Technician $102.00 / Hour Staff Clerical, Administrative $95.00 / Hour Expert Witness (Preparation) $470.00 / Hour Expert Witness (meetings and hearings) $595.00 / Hour REIMBURSABLE EXPENSES Subconsultants Direct Billing x 1.10 In -House Office Services: As listed below x 1.10 Plotting: Tr ansparencies: Color Bond $4.85/sf Color $4.00 /each Black & White Bond $3.10 /sf Black and White $3.00 /each Vellum $4.45/sf Mylar $10.10 /sf Color Laser Prints: Bl ueprints: 8.5 x 11 $.55 /each 24 x36 $2.20 /each 11 x 17 $.90 /each 3C x42 $2.80 /each Black & White Laser Prints: CD Media: 8.5 x 11 $.12 /each CDR $6.00 /each 11 x 17 $.20 /each CDRW $8.50 /each Outside Reimbursable Expenses: Reproduction, photography, shipping and postage, miscellaneous expenses Direct Cost x 1.10 Travel: Within Santa Cruz, San Benito, Santa Clara, San Mateo and Monterey Counties No Charge Mileage outside of the above counties $.50/ mile Other travel expenses Cost x 1.10 303 Potrero Street, Suite 40-C I Santa Cr z/ 1 ACD x CERTIFICATE OF LIABILITY( INSURANCE 1 DATE (M 2/1 1/2009 - """' PRODUCER (619) 574 -6220 FAX (619) 574 -6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Insurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE DBA IOA Insurance Services HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 1775 Hancock Street, Ste, 180 San Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC a INSURED SSA Landscape Architects, Inc. , , c I . RI.k Travele Indemn Co of CT 25682 ofrero Street ' Travelers Prop Cas Co of Amer 25674 Ste. 40C rrl - > = Travelers Casualty Ins Co Amer 19046 Santa Cruz, CA 95060 JII +t. Navigators Ins Co 42307 ' *4 v _ A 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. LIR INSR MRO TYPE OF MSURANCE POLICY NLWBER POLICt EFFECTTVE POLICY EXPIRATION UMRT3 GENERAL LIABILITY 6807508L257TCT -09= 01/11/2009 01/31 /2010 Ail:i71 -. rJ s 11000. X A14,11 - "4 .I ,a' k 1 1 fN I' -.Ma T r Fr.rT=r s 300,00 .l'aFA� lklG I X I 0 CL F' vt'C� GxF f v . c ez. r, $ 5 A X Add' 1 Insd /Primary F• >>,r v +•L v r1 _ru $ 1 , 000 , 00 C X Waiver of Subro. FORM #CGD3810907, =c IN• -T= f 2,000,00 N'. < � reca E l �r� L�L� c (AS REQUIRED BY rr � r, - err rte;,; 2,000,00 �X : < ,�� WRITT CONTRAC I L _ ._-. _.._, ..... AUTOMOBILE LIABILITY 68075O81_257TCT -09'., 01/31/2009 01/31/2010 - ,, trzs, t•.. tL uanT 1=fl Include i �'�HEDU E- A A X — -. r NA x X G: t AJ'F I, , I Lxwp- c e - GARAGE LIABILITY AL1G�tz; . E��:CGE:IT � t LXCESSIUMBRELLAL"IUTY CUP - 33297997 11/0912009 01/31/2010 Fac H.. .Ilatr.E i I 1,000, 00 X ,;.��: f<."I - ;.�c 1,000,00 B CTC'JT' I i WORKERS COMPENSATION Area FORM 7711299103 -06 09/C1/2009 09/01 /2010 X EMPLOYERS'IJw,)LY :.. H I Ft i S 1 000 00 •�.t'(.IE I: k}t+ XLrVL. C rnlrue.E n:rFrr^ (AS REQUIRED BY1 .;_1 ,,e - r�Tr1- - $ 1,000,00 WRITTEN CONTRACT _ Yf I Itx "NK i' �f Al rrov � r.�wk:�. ), r I „= .�tr �= �I,i ��zl�ii � 8 1,000,00 'roM essional NY- 09 -EGR- 532996 -NV 04/13/2009 04/13/2010 51,000,000 Per Claim 0 liability- Architects $3,000,000 Aggregate & Engineers C LAIMS -MADE' Per Claim Ded.: $10,00 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT i SPECIAL PROVISIONS E. Stevens Creek Trail, Phase 2 ity of Cupertino, it officers, officials, partners, rep,^esentatives, employees, consultants, ub consultants and agents are Add'l Insd as per the attached endt. uet al. Prof Liab Agg Limit is the Total Ins Available for all Covered Claims Reported w/i the Policy Period. =10 day notice of cancellation applies for non - payment of premium. CER TIFICATE IIHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE VXPIIRATION DATE THEREOF, THE ISSUING WSURER WILL ENDEAVOR TO MAL City of Cupertino, City Hall - 30 DAYS WRnTEN NOTICE TO THE CERTIFICATE HOWER NAMEO TO THE LEFT. Public Works Dept. 6UT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY 10300 Torre Avenue OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATNES. Cupertino, CA 95014-3255 AUTHORIZED REPRESENTATIVE -a Sohn Tenuto URPHN ' -- ACORD 25 (2001108) @ ACORD CORPORATION 1988 City of Cupertino, City Hall Certificate issued to City of Cupertino, City Hall 12/11/2009 Insurance Office of America, Inc. 12/11/2009 Waiver of Subrogation applies for CL & WC. Primary & Non applies. Policy #6807508L257TCT-09 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED INSURANCE (Section 111) for this Coverage (Section 11): Part Any person or organization that you agree in a 13. The following is added to Paragraph a. of 4. .contract or agreement requiring insurance" to in- Other Insurance In COMMERCIAL GENERAL elude as an additional insured on this Coverage LIABILITY CONDITIONS (Section M: Part, but only with respect to liability for "bodily in- However, if you specifically agree in a "contract or jury". "property damage" or 'personal injury" agreement requiring insurance" that the insurance caused, in whole or in part, by your acts or omis- provided to an additional insured under this Cov- sions or the acts or omissions of those acting on erage Part must apply on a primary basis, or a your behalf primary and non-contributory basis, this insurance a. In the performance of your ongoing opera- is primary to other insurance that is available to tons; such additional insured which covers such addi- b. In connection with premises owned by or tional insured as a named insured, and we will not rented to you; or share with the other insurance, provided that: c. In connection with "your work" and included (1) The "bodily injury" or "property damage' for within the "products-completed operations which coverage is sought occurs; and hazard". (2) The "personal injury" for which coverage is Such person or organization does not quality as sought arises out of an offense committed; an additional insured for "bodily injury", "property after you have entered into that 'contract or damage" or "personal Injury" for which that per- agreement requiring insurance*. But this insur- son or organization has assumed liability in a con- ance still is excess over valid and collectible other tract or agreement, insurance, whether primary, excess, contingent or The insurance provided to such additional insured on any other basis, that is available to the insured is limited as follows: when the insured is an additional insured under d. This insurance does not apply on any basis to any other insurance. any person or organization for which cover- C. The following is added to Paragraph 8. Transfer age as an additional insured specifically is Of Rights Of Recovery Against Others To Us added by another endorsement to this Cover- in COMMERCIAL GENERAL LIABILITY CON- age Part. DITIONS (Section IV): e. This insurance does not apply to the render- We waive any rights of recovery we may have ing of or failure to render any "professional against any person or organization because of services". payments we make for "bodily injury", "property f. The limits of insurance afforded to the addi- damage" or "personal injury" arising out of "your tional insured shall be the limits which you work" performed by you, or on your behalf, under agreed in that "contract or agreement requir- a "contract or agreement requiring insurance" with ing Insurance" to provide for that additional that person or organization. We waive these insured, or the limits shown in the Declara- rights only where you have agreed to do so as tons for this Coverage Part. whichever are part of the "contract or agreement requiring insur- less- This endorsement does not increase the ance' with such person or organization entered limits of insurance stated in the LIMITS OF into by you before, and in effect when, the "bodily CG D3 8109 07 �) 200 )7 The Travelers Companies, Inc Page 1 of 2 Includes the cop Material of Insurance services Office, Inc. with ors pen-I'mion COMMERICAL GENERAL LIABILITY Injury* or "property damage" occurs, or the "per- erage Part, provided that the "bodily Injury" and sonal injury" offense is committed. "property damage" occurs, and the "personal in- D. The following definition is added to DEFINITIONS jury" is caused by an offense committed: (Section V): a. After you have entered into that contract or "Contract or agreement requiring insurance" agreement; means that part of any contract or agreement un- b. While that part of the contract or agreement is der which you are required to include a person or in effect: and organization as an additional Insured on this Cov- c. Before the end of the policy period. Page 2 of 2 4) 2007 The Travelers Comparbas, Inc- CG D3 81 09 07 Includes the copynghted matenal of Insure Services Office. Inc.. with its perntission TRAVELERS7' WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) — 001 POLICY NUMBER: UB7112Y51-1-09 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT •. CALIFORNIA (BLANKET WAIVER) 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. You must maintain payroll records accurately segregating lhe remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5 . 0 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description City of Cupertino and their affiliates, directors, officers, Stevens Creek Trail, Phase 2 officials, partners, representatives, employees, consultants, sub consultants and agents DATE OF ISSUE: 10-11-07 STASSIGN: Progress ive PO Sae 94 13 9 Cleveland',', Oil 44101 800 - 895.2886 Policy number: 06124293 -1 i'moe+wntten bX Progressive Express Ins Company tleternber 15, 2009 Page 1 of 1 Certificate of Insurance Certificate Holder Insured Agent PUBLIC WORKS DIRECTOR SSA LANDSCAPE ARCHITECT PROD COMMERCIAL CITY OF CUPERTINO, CITY HALL 303 POTRERO ST40 -C PO BOX 94739 10300 TORRE AVENUE SANTA CRUZ, CA 95060 CLEVELAND, OH 44101 CUPERTINO, CA 95014 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured named above for the period {s} indicated. This Certificate is issued for information purposes only, it confers no rights upon the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. The coverages afforded by the policies listed below are subject to all the terms, exclusions, limitations, endorsements, and conditions of these policies. Policy ffective Date Dec 27. 2008 Policy y : xpirauon Date: Dec 27, 2009 Insurance coverage(s) Um(ts Bodily Injury /Property Damage $1,000,000 Combined Single Limit Uninsured /Underinsured Motorist __.. $1,000,0,00 Combined Single Limit Description of Location/Vehicles/Special Items Scheduled autos only 2008 FORD FOCUS 1FAHP35N78W152215 Comprehensive $1,000 Tied Collision $1,000 bed w/Waiver 2008 FORD FOCUS 1 FAHP35N38W 142992 Comprehensive $1,000 Led Collision $1,000 Led w /Waiver Stevens Creek Trail, Phase 2 project Certificate number 34909MHE293 Please be advised that the certificate holder will not be notified in the event of a mid -term cancellation. rprm 5141 0 OAM