08-002 Swinerton Mgmt.~~T.oF AGREEMENT
CITY OF CUPERTINO
CUPERTINO 10300 Torre Avenue
Cupertino, CA 95014
408-777-3200 NO. 0 3 ~ 7 ! 7
BY THIS AGREEMENT, made and entered into this 10"' day of January, 200& by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Swinerton Management & Consulting, Thomas Loomis
Address: 4055 Nelson Avenue, Concord, CA 94520;Phone: 925-602-6496; a-mail: tloomis@swinerton.com
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Provide Consulting
Services for Stevens Creek Corridor Park Project including but not limited to bid-ability review,
constructability review, value engineering and construction cost estimating
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attachement "A" Task list
TERMS: The services and/or materials furnished under this Agreement shall commence on January 10, 2008
and shall be completed before July 31, 2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed
$47,000.00, payment shall be made on a Time and Material Basis.
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 performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or wilt 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 Greene DEPARTMENT: Public Works Department ,
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.
CONTRACT
CITY OF CUPERTINO:
By
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APPROVALS
ay
Tit erry Greene, City Architect
EXPENDITURE DISTRIBl1TInN
MENT D DATE A NT BE MO T
i-15-o ~- Ilo-8lol--toty- $a7,ooo.oo
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Attachment "A"
Bid-ability Review:
This task order includes reviewing of the plans and specifications for continuity of trades so that work
items are properly organized and delineated for subcontractors and the various work trades.
Review interdependency of Specification Sections and Plans so that work items are clearly defined and
organized to reduce the risk and the perception of risk to allow the General Contractors to bid in
confidence.
This task order will include a short narrative of suggestions recommended to the City and the Designer to
enhance the Project Plans ands Specifications; and to create a more confident and competitive bidding
environment.
Constructability Review and Value Eneineering:
This is an overall review of the Plans and Specifications for completeness.
How well do the plans and specifications relate to one another, and how well do they define the work
activity? Do the calculated quantities match up with the pay item quantities? Is the design complete, and
are the correct specification sections used for the plans and specifications.
This task order will consist of reviewing and marking up plans for revisions and comments. This task order
will consist of a written narrative and a list of items suggested to the City and Designer to improve the
quality of the plans and specifications. This time will also be spent on meetings with the Owner and the
Designer to discuss the project.
Construction Cost Estimate:
When the plans and specifications are deemed 90% complete, we will provide a construction cost estimate.
This will either be performed "in house", with Swinerton staff and/or will be subcontracted to an
Independent Cost Estimator; this decision will be dependent on timing of the project and the availability of
staff.
This task order will consist of a spread sheet listing the Project Pay Items and the corresponding cost
estimate. This also will have a short narrative describing the method used to obtain the cost estimate, and
any items which have not been included which should be considered.