13-072 Gilbane Building Company, prepare construction cost estimates for seven potential capital improvement projects CITY OF
AGREEMENT
CITY OF CIJPERTINO
10300 Torre Avenue
CUPERTINO 1 c ikk Cupertino, CA 95014 JJ)� �'
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408-777 3200 NO. �'
THIS AGREEMENT, made and entered into this 9th day of April,2013 is by and between the CITY OF
CUPERTINO(Hereinafter "CITY") and GILBANE BUILDING COMPANY, located at 1798 Technology
Dr., Suite 120, San Jose, CA 95110 (Telephone No. (408) 660-4400 /Fax No. (408) 660-4402), 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: Prepare
construction cost estimates for seven potential capital improvement projects.
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
• City of Cupertino-PW Dept. 2013/14 CIP Budget Estimates-Project Descriptions,
• City of Cupertino-PW Dept.Budget 2014-CEP Project Estimates List.
TERM: The services and/or materials furnished under this Agreement shall commence on April 9,
2013 and shall completed no later than April 16, 2013.,
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
for time at a rate of$125 per hour up to a maximum payment not to exceed $5,000.
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 ex tent 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. 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.
City of Cupertino 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: $1,000,000 each occurrence
$2,000,000 aggregate- all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
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.
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.
Gilbane-Agrmt-CIP cost estimating-final 130409 Page 2 of 3
City of Cupertino Agreement
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, CIP Manager 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.
CONTRAC
By: Katy Jensen
Title �!-,. !'-/2 Title:Capital Improv ent Program Manager
Soc. Sec.#or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
DEPAR NT HEAD DATE ACCOUNT NUMBER AMOUNT
72 _110-8101-7014 $5,000.00
C A 0 EY APP:1 VED A TO FORM D�jTE (( 3 IUl cpv� , 3
CITY ERK: T DATE
U " LialAL te (4( ((
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Gilbane-Agrmt-CIP cost estimating-final 130409 Page 3 of 3
City of Cupertino —PW Dept.
2013/14 CIP Budget Estimates—Project Descriptions
Blackberry Farm Golf Course
1 - Pond Modifications
An existing inactive well will be the source of water for the ponds. The 2 ponds require
improvement to hold water; currently they both loose water. The renovated ponds will not
serve as a reservoir for irrigation, but will be filled from the well (which fills from Stevens Creek)
will be for aesthetic purposes for the course.
• Assume that the well requires a new pump and intake from the creek;
• Assume that the existing ponds were clay lined, which has broken down and is now
failing to hold water;
• Assume that the ponds will be lined with synthetic material;
• Assume water will circulate;
A report is provided for background.
Cupertino Sports Center
21111 Stevens Creek Blvd.
Cupertino,CA 95014
Tel:408.777.3160
Email:sports @cupertino.org
2-Tennis Court Retaining Wall Replacement
There exists a retaining wall and wall between the Sport Center site and the residential
property to the north. A portion of the shared retaining wall is failing and needs to be replaced.
The boundary wall that is failing is along the three courts that are at the northwest corner of
the property. The wall retains dirt on the north side property and is now rupturing and
overturning on to the City's side of the property line,threatening the three tennis courts. It is
possible, but not confirmed, that the existing wall may not have been built as designed.
At this time there is no structural evaluation or design for a replacement wall. For the purpose
of the estimate, assume that the project is wholly the responsibility of the city.
This project will remove the existing retaining wall/wall and replace with a new wall/wall of
appropriate structural design and matching aesthetic design.
You are provided with images of the tennis center development plans that include the wall
design sections, aerial photos, and contemporary photo images of the wall.
• Development plan for the tract 4 elevations at property line; this development
preceded the development of the tennis club;
• Tennis court development plan - property line wall at courts 17,18,19
Page I 1
City of Cupertino —PW Dept.
2013/14 CIP Budget Estimates—Project Descriptions
• Retaining Wall Plan # 14 location of boundary walls;
• Retaining Wall Plan #2 4 type of wall actually installed is Type A
3-Sports Court
Former location of a small swim facility, that was built on the space a single tennis court, was
demolished along with the block wall surrounding it. Dirt was placed over the site after
demolition and the space was enclosed with temporary chainlink fence.
This project will improve the now vacant space by constructing a sport court —including
• site preparation, grading and compacting,
• installing sub-grade and paving, court finish and painting
• installing permanent chainlink fence and gates
• misc. boundary and adjacencies fit&finish
You are provided with a layout drawing with red notes for clarification.
4-Sports Center- Resurface Tennis Courts (17 courts)
Resurface all 17 courts
McClellan Ranch Park
Address:22221 McClellan Rd,Cupertino,CA 95014
5- Community Garden Irrigation
Estimate cost to replace existing garden water system with new more efficient system of hose
valves/bibs. The garden within MRP is approximately 1.33 acres. Assume 50 plots.
6- Ranch House
Estimate cost to replace all windows with energy efficient windows. We will send photos on
Wed or Thur this week.
Page 12
City of Cupertino-PW Dept.
Budget 2014-CIP Project Estimates List
Project Name I Description
Parks
1 Blackberry Farm Golf Course Pond Modifications renovate existing inactive well to supply water to ponds; redesign/renovate 2 ponds to hold water
to circulate water-see report and aerial photos
•
2 Sports Center Tennis Court Retaining Wall replace existing retaining wall/wall at north property line with new structurally sound retaining
Replacement wall/wall-approx. 180 If-see description notes, drawings and photos
3 Sports Center Sports Court install new sports court at location of former pool -see description notes, drawings, and photos
4 Sports Center-Resurface Tennis Courts(17 courts) resurface 17 tennis courts; provide a court unit cost to resurface additional courts at nearby parks-
see description and aerial photo
5 McClellan Ranch -Community Garden Irrigation install replacement irrigation system for community garden; assume point of connection near
Upgrade community garden and otherwise replace old with new- see aerial photo
6 McClellan Ranch -Ranch House Energy Efficiency
Upgrade cost to replace all window with new energy efficient window of similar architectural style
Storm Drainage
7 Calabazas Creek(Bollinger Rd.) Outfall Repair replace street drainage outfall from Bollinger Rd. daylighting at Calabazas Creek-approx. 80 from
Bollinger
Date: 3/13/2013