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13-068 Gilbane Building Company, Pre-Construction for Stevens Creek Corridor, Mary Ave Dog ParkCITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 00058169 NEW 2015-346 Service Order No.: 14 Maximum Compensation: $1,478,489 per 2nd Amend. Account No.: Various Agreement Term: March 31, 2016 per 2nd Amendment Approval by: City Council ItemNo.12 Date: July 16,2013 and Feb. 3, 2015 -2nd Amend. Consultant: Project Description: Project Name: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 Construction Contract Update -Review of Proposed Front End Documents l. Review the current and proposed Front End documents. 2. Identify known management, process or procedure gaps in current Front End documents and determine if these gaps have been mitigated in the proposed Front End documents. 3. Identify potential implementation gaps in the proposed Front End documents and recommend improvements that may include but are not limited to recommendations to add clarity by expanding or adding section(s) overall and in particular the processes involving dispute/claims, schedules and other construction issues. 4. Assemble a marked-up proposed Front End document flagging items related to tasks 2 and 3 above for use and consideration by the City. 0Attachment A: City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Gilbane Bulding Company Page 1 of2 Service Order No. 14 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSUL TANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER FiscaVBudget Master Agreement Maximum Compensation: Previously Encumbered on MA: Original Encumbrance and 2nd Amendment Encumbrance: EXPENDED/CLOSED: Fund : 580-9137-9300 Comp. SO #1 MADP EXPENDED/CLOSED: Fund: 580-9137-9300 Compl SO #2 MADP EXPENDED/CLOSED: Fund: 427-9134-9300 Comp. SO #3 SCCP EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #4 MADP ENCUMBER: Funds: 420-9133-9300 Comp. SO #5 MRP EEC ENCUMBER: Funds: 427-9134-9300 Comp. SO #6 SCCP ENCUMBER: Funds: 420-9270-9300 Comp. SO #7 Solar ENCUMBER: Funds: 100-82-806-700-704-Comp. SO #8 Lindy Ln. SD UNENCUMBER: Acct.# 420-90-906-900-905-P P 001-03-02-Comp. SO #9 Portal Park UNENCUMBER: Acct. # 580-90-907-900-905-P W 001-03-02 -Comp. SO #9 Willson Pk. Safety Net UNENCUMBER: Acct. # 580-90-908-900-905-P W 002-03-02 -Comp. SO #9 Willson Pk. Shade UNENCUMBER: Acct. # 580-90-945-900-905-P W 003-03-02 -Comp. SO #9 Willson Pk. Bldg. UNENCUMBER: Acct.# 420-90-905-900-905-P MV 001-03-02-Comp. SO #9 Monta Vista Rec. Play ENCUMBER: Acct. # 420-90-944-900-905-SRCT 002-03-02 -Comp. SO #10 Sr. Ctr. Mary Landscape UNENCUMBER: Acct.# 420-90-938-900-905-SVCT 001-03-03-Comp. SO #11 Serv. Ctr. Solar ENCUMBER: Acct. # 420-90-880-900-905-MRP 001-03-02 -Comp. SO #12 MRP EEC&BSS ENCUMBER: Acct.# 420-90-880-900-905-MRP 001-03-02-Comp. SO #13 MRPPL Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBERANCE: ENCUMBER: Acct. # 100-82-806-700-704 Comp. SO# 14 Div. 00 & 01 Review Total Encumbered to Date including this S.O.: Maste1· Agreement Balance: Date: / ~ 21-frp Consultant: Date: Director of Public Work . Amount $1,478,489 $1,195,500 $6,000 $5,000 $20,000 $18,000 $11,500 $57,489 $65,000 $6,750 -$9,500 -$12,500 -$14,500 -$22,000 -$39,000 $14,964 -$12,530 $102,000 $2,413 $1,394,586 $83,903 $6,800 $1,401,386 $77,103 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Date: City of Cupertino Gilbane Bulding Company Page2of2 Service Order No. 14 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 00058169 NEW 2015-346 Service Order No.: 13 Maximum Compensation: $1,478,489 per 2nd Amend. Account No.: Various Agreement Term: March 31, 2016 per 2nd Amendment Approval by: City Council Item No.12 Date: July 16,2013 and Feb. 3, 2015 -2nd Amend. Consultant: Project Description: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 Project Name: McClellan Ranch Preserve Pedestrian, Parking, and Landscaping Improvements [K)oescription: Additional material testing and special inspection DAttachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Gilbane Bulding Company Page 1of3 Service Order No. 13 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on MA: Original Encumbrance and 2nd Amendment Encumbrance: EXPENDED/CLOSED: Fund : 580-9137-9300 Comp. SO #1 MADP EXPENDED/CLOSED: Fund: 580-9137-9300 Compl SO #2 MADP EXPENDED/CLOSED: Fund: 427-9134-9300 Comp. SO #3 SCCP EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #4 MADP ENCUMBER: Funds: 420-9133-9300 Comp. SO #5 MRP EEC ENCUMBER: Funds: 427-9134-9300 Comp. SO #6 SCCP ENCUMBER: Funds: 420-9270-9300 Comp. SO #7 Solar ENCUMBER: Funds: 100-82-806-700-704-Comp. SO #8 Lindy Ln. SD UNENCUMBER: Acct. # 420-90-906-900-905-P P 001-03-02 -Comp. SO #9 Portal Park UNENCUMBER: Acct. # 580-90-907-900-905-P W 001-03-02 -Comp. SO #9 Willson Pk. Safety Net UNENCUMBER: Acct. # 580-90-908-900-905-P W 002-03-02 -Comp. SO #9 Willson Pk. Shade UNENCUMBER: Acct. # 580-90-945-900-905-P W 003-03-02 -Comp. SO #9 Willson Pk. Bldg. UNENCUMBER: Acct.# 420-90-905-900-905-P MV 001-03-02-Comp. SO #9 Monta Vista Rec. Play ENCUMBER: Acct. # 420-90-944-900-905-SRCT 002-03-02 -Comp. SO #10 Sr. Ctr. Mary Landscape UNENCUMBER: Acct.# 420-90-938-900-905-SVCT 001-03-03-Comp. SO #11 Serv. Ctr. Solar ENCUMBER: Acct. # 420-90-880-900-905-MRP 001-03-02 -Comp. SO #12 MRP EEC&BSS Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBERANCE: ENCUMBER: Acct.# 420-90-880-900-905-MRP 001-03-02 -Comp. SO #13 MRPPL Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Manager: Date: City of Cupertino Amount $1,478,489 $1,195,500 $6,000 $5,000 $20,000 $18,000 $11,500 $57,489 $65,000 $6,750 -$9,500 -$12,500 -$14,500 -$22,000 -$39,000 $14,964 -$12,530 $102,000 $1,392,173 $86,316 $2,413' $1,394,586 $83,903 Gilbane Bulding Company Page2 of 3 Service Order No. 13 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Consultant: Date: /J/YJ!< Director of Public Works: Date: f 4 / /fo Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: Date: City of Cupertino Gilbane Bulding Company Page 3 of 3 Service Order No. 13 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 00058169 NEW 2015-346 Service Order No.: 12 Maximum Compensation: $1,478,489 per 2nd Amend. Account No.: Various Agi·eement Term: Much 31, 2016 per 2nd Amendment Approval by: City Council ItemNo.12 Date: July 16,2013 and Feb. 3, 2015 -2nd Amend. Consultant: Project Description: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 Pmject Name: McClellan Ranch Preserve Envrionmental Education Center & Blacksmith Shop Extended Construction Period through December 31, 2015 0Description: CM services for the MRP EEC & BSS for extended construction period DAttachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Gilbane Bulding Company Page 1 of3 Service Order No. 12 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on MA: Original Encumbrance and 2nd Amendment Encumbrance: EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #1 MADP EXPENDED/CLOSED: Fund: 580-9137-9300 Compl SO #2 MADP EXPENDED/CLOSED: Fund: 427-9134-9300 Comp. SO #3 SCCP EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #4 MADP ENCUMBER: Funds: 420-9133-9300 Comp. SO #5 MRP EEC ENCUMBER: Funds: 427-9134-9300 Comp. SO #6 SCCP ENCUMBER: Funds: 420-9270-9300 Comp. SO #7 Solar ENCUMBER: Funds: 100-82-806-700-704-Comp. SO #8 Lindy Ln. SD UNENCUMBER: Acct.# 420-90-906-900-905-P P 001-03-02-Comp. SO #9 Portal Park UNENCUMBER: Acct.# 580-90-907-900-905-P W 001-03-02 -Comp. SO #9 Willson Pk. Safety Net UNENCUMBER: Acct. # 580-90-908-900-905-P W 002-03-02 -Comp. SO tt9 Willson Pk. Shade UNENCUMBER: Acct. # 580-90-945-900-905-P W 003-03-02 -Comp. SO #9 Willson Pk. Bldg. UNENCUMBER: Acct. # 420-90-905-900-905-P MV 001-03-02 -Comp. SO #9 Monta Vista Rec. Play ENCUMBER: Acct. # 420-90-944-900-905-SRCT 002-03-02 -Comp. SO #10 Sr. Ctr. Mary Landscape UNENCUMBER: Acct.# 420-90-938-900-905-SVCT 001-03-03-Comp. SO #11 Serv. Ctr. Solar Total Previously Encumbe1·ed to Date: Current Unencumbered amount in MA: ENCUMBERANCE: ENCUMBER: Acct.# 420-90-880-900-905-MRP 001-03-02 -Comp. SO #12 MRP EEC&BSS Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Manager: Date: City of Cupertino Amount $1,478,489 $1,195,500 $6,000 $5,000 $20,000 $18,000 $11,500 $57,489 $65,000 $6,750 -$9,500 -$12,500 -$14,500 -$22,000 -$39,000 $14,964 -$12,530 $1,290,173 $188,316 , $102,000 $1,392,173 $86,316 //}, /I Gilbane Bulding Company Page2 of3 Service Order No. 12 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Consultant: Date:/)//'(//)" Date: l / e//! h 1 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: Date: City of Cupertino Gilbane Bulding Company Page 3 of3 Service Order No. 12 CITY OF CUPERTINO FOR GILBANE BUILDING COMP ANY CONSULT ANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 00058169 NEW 2015-346 Service Order No.: 11 Maximum Compensation: $1,478,489 per 2nd Amend. Account No.: Various Agreement Term: March 31, 2016 per 2nd Amendment Approval by: City Council ItemNo.12 Date: July 16,2013 and Feb. 3, 2015 -2nd Amend. Consultant: Project Description: Project Name: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 Unencumber Unneeded Funds from Service Center Solar Project 0Description: Unencumber funds that were not needed for project completion. Project is closed out. OAttachrnent A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Gilbane Bulding Company Page 1of3 Service Order No. 11 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on MA: Original Encumbrance and 2nd Amendment Encumbrance: EXPENDED/CLOSED: Fund : 580-9137-9300 Comp. SO #1 MADP EXPENDED/CLOSED: Fund: 580-9137-9300 Compl SO #2 MADP EXPENDED/CLOSED: Ftmd: 427-9134-9300 Comp. SO #3 SCCP EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #4 MADP ENCUMBER: Funds: 420-9133-9300 Comp. SO #5 MRP EEC ENCUMBER: Funds: 427-9134-9300 Comp. SO #6 SCCP ENCUMBER: Funds: 420-9270-9300 Comp. SO #7 Solar ENCUMBER: Funds: 100-82-806-700-704-Comp. SO #8 Lindy Ln. SD UNENCUMBER: Acct. # 420-90-906-900-905-P P 001-03-02 -Comp. SO #9 Portal Park UNENCUMBER: Acct.# 580-90-907-900-905-P W 001-03-02 -Comp. SO #9 Willson Pk Safety Net UNENCUMBER: Acct. # 580-90-908-900-905-P W 002-03-02 -Comp. SO #9 Willson Pk Shade UNENCUMBER: Acct. # 580-90-945-900-905-P W 003-03-02 -Comp. SO #9 Willson Pk Bldg. UNENCUMBER: Acct.# 420-90-905-900-905-P MV 001-03-02 -Comp. SO #9 Monta Vista Rec. Play ENCUMBEH.: Acct. # 420-90-944-900-905-SRCT 002-03-02 -Comp. SO #10 Sr. Ctr. Mary Landscape Total Previously Encumbered to Date: Current Unencumbered amount in MA: UNENCUMBERANCE: UNENCUMBER: Acct.# 420-90-938-900-905-SVCT 001-03-02-Comp. SO #11 Serv. Ctr. Solar Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Manager: /la :zfz 1. Date: /( ~ / (p -ZolS- City of Cupertino Amount $1,478,489 $1,195,500 $6,000 $5,000 $20,000 $18,000 $11,500 $57,489 $65,000 $6,750 -$9,500 -$12,500 -$14,500 -$22,000 -$39,000 $14,964 $1,302,703 $175,786 -$12,530 $1,_290,173 $188,316 Gilbane Bulding Company Page 2 of 3 Service Order No. 11 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER APPROVALS Consultant: !~ Date: /J/J JJ f5 Director of Public Works: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: Date: j City of Cupertino Gilbane Bulding Company Page 3 of 3 Service Order No. 11 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULT ANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 00058169 NEW 2015-346 Service Order No.: 10 Maxim.um. Compensation: $1,478,489 per 2nd Am.end. Account No.: Various Agreement Term: March 31, 2016 per 2nd Amendment Approval by: City Council Item No.12 Date: July 16,2013 and Feb. 3, 2015 -2nd Amend. Consultant: Project Description: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 Project Name: Senior Center Mary A venue Landscape Project 0Description: CM services for Senior Center Mary Avenue Landscape Project 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Gilbane Bulding Company Page 1 of3 Service Order No. 10 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on MA: Original Encumbrance and 2nd Amendment Encumbrance: EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #1 MADP EXPENDED/CLOSED: Fund: 580-9137-9300 Compl SO #2 MADP EXPENDED/CLOSED: Fund: 427-9134-9300 Comp. SO #3 SCCP EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #4 MADP ENCUMBER: Funds: 420-9133-9300 Comp. SO #5 MRP EEC ENCUMBER: Funds: 427-9134-9300 Comp. SO #6 SCCP ENCUMBER: Funds: 420-9270-9300 Comp. SO #7 Solar ENCUMBER: Funds: 100-82-806-700-704-Comp. SO #8 Lindy Ln. SD UNENCUMBER: Acct.# 420-90-906-900-905-P P 001-03-02 -Comp. SO #9 Portal Park UNENCUMBER: Acct.# 580-90-907-900-905-P W 001-03-02 -Comp. SO #9 Willson Pk. Safety Net UNENCUMBER: Acct. # 580-90-908-900-905-P W 002-03-02 -Comp. SO #9 Willson Pk. Shade UNENCUMBER: Acct. # 580-90-945-900-905-P W 003-03-02 -Comp. SO #9 Willson Pk. Bldg. UNENCUMBER: Acct.# 420-90-905-900-905-P MV 001-03-02 -Comp. SO #9 Monta Vista Rec. Play Total Previously Encumbered to Date: Current Unencu111bered amount in MA: ENCUMBERANCE: ENCUMBER: Acct. # 420-90-944-900-905-SRCT 002-03-02 -Comp. SO #10 Sr. Ctr. Mary Landscape Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Manager: /:::z. 4z b..c Date: II· I b . Zo rs- City of Cupertino Amount $1,478,489 $1,195,500 $6,000 $5,000 $20,000 $18,000 $11,500 $57,489 $65,000 $6,750 -$9,500 -$12,500 -$14,500 -$22,000 -$39,000 $1,287,739 $190,750 $14,964 $1,302,703 $175,786 Gilbane Bulding Company Page 2 of 3 Service Order No. 10 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER APPROVALS Consultant: Date: JJIJA/C Director of Public Works: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: Date: City of Cupertino Gilbane Bulding Company Page 3 of 3 Service Order No. 10 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER MASTER AGREEMENT PO#: 00058169 NEW 2015-346 Service Order No.: 9 Maximum Compensation: $1,478,489 per 2nd Amend. Account No.: Various Agreement Term: March 31, 2016 per 2nd Amendment Approval by: City Council Item No.12 Date: July 16,2013 and Feb. 3, 2015 -2nd Amend. Consultant: Project Description: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 Project Name: Remove Projects from 2nd Amendment due to construction of projects being delayed or deleted CKJDescription: Due to projects not proceeding to construction some projects will be removed fully and some partially from the Agreement DAttachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Gilbane Bulding Company Page 1of2 Service Order No. 9 CITY OF CUPERTINO FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEEMENT FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on MA: Original Encumbrance and 2nd Amendment Encumbrance: EXPENDED/CLOSED: Fund : 580-9137-9300 Comp. SO #1 MADP EXPENDED/CLOSED: Fund: 580-9137-9300 Compl SO #2 MADP EXPENDED/CLOSED: Fund: 427-9134-9300 Comp. SO #3 SCCP EXPENDED/CLOSED: Fund: 580-9137-9300 Comp. SO #4 MADP ENCUMBER: Funds: 420-9133-9300 Comp. SO #5 MRP EEC ENCUMBER: Funds: 427-9134-9300 Comp. SO #6 SCCP ENCUMBER: Funds: 420-9270-9300 Comp. SO #7 Solar ENCUMBER: Funds: 100-82-806-700-704-Comp. SO #8 Lindy Ln. SD Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBERANCE: UNENCUMBER: Acct.# 420-90-906-900-905-P P 001-03-02 -Comp. SO #9 Portal Park UNENCUMBER: Acct.# 580-90-907-900-905-P W 001-03-02 -Comp. SO #9 Willson Pk Safety Net UNENCUMBER: Acct. # 580-90-908-900-905-P W 002-03-02 -Comp. SO #9 Willson Pk Shade UNENCUMBER: Acct. # 580-90-945-900-905-P W 003-03-02 -Comp. SO #9 Willson Pk Bldg. UNENCUMBER: Acct. # 420-90-905-900-905-P MV 001-03-02 -Comp. SO #9 Monta Vista Rec. Play Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Manager: Date: /I" I & • Z& IS APPROVALS Date: /j/JJ,/J~ I Consultant: Director of Public Works: Date: U {i,"( {1 < ; Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: City of Cupertino Amount $1,478,489 $1,195,500 $6,000 $5,000 $20,000 $18,000 $11,500 $57,489 $65,000 $6,750 $1,385,239 $93,250 -$9,500 ... -$12,500, -$14,500 ·' -$22,000 / -$39,000 $1,287,739 , $190,750 Gilbane Bulding Company Page 2 of 2 Service Order No. 9 Service Order #8 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT For: Gilbane Building Company Consultant Services Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $ 1,4,78,489 per 2nd Amendment Term: March 31, 2016 per 2nd Amendment Approval by: City Council Item Number: 12 Date: July 16, 2013 and on Feb. 3, 2015 2nd Amendment approved by City Council Consultant: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 PROJECT DESCRIPTION Project Name: Lindy Lane Storm Drain Improyements Project Description: Gilbane to provide staff for construction management and testing and inspection for the project. (CM $5,750 & T&I $1,000) CITY PROJECT MANAGEMENT Managing Department: Public W arks City of Cupertino Gilbane Building Company Project Manager: Chad Mosley Service Order # 8 Page 1of2 FISCAL/BUDGET CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT Agreement Maximum Compensation: Original Encumbrance and 211d Amendment Encumbrance: EXPENDED/CLOSED: Fund: 580-9137-9300 Comp, SO#l MADP: EXPENDED/CLOSED: Funds: 580-9137-9300 Comp, S0#2 MADP: EXPENDED/CLOSED: Funds: 427-9134-9300 Comp, S0#3 SCCP: EXPENDED/CLOSED: Funds: 580-9137-9300 Comp, S0#4 MADP: $ 1,478,489 $1,195,500 $ 6,000 $ 5,000 $ 20,000 $18,000 ENCUMBER: Funds: 420-9133-9300 Consultant Comp, S0#5 MR EEC: $ 11,500 ENCUMBER: Funds: 427-9134-9300 Consultant Comp, S0#6 SCCP: ENCUMBER: Funds: 420-9270-9300 Consultant Comp, 50#7 Solar: Previously Encumbered: Current unencumbered amount in Agreement: ENCUMBER: Funds: 100-82-806-700-704 -Lindy Ln. SD.: Total encumbered to date: $ 57,489 $ 65,000 $1,378,489 $100,000 $ 6,750 $1,385,239 ain~g unencumbered in Agreement: $ 93,250 Contract Mana er: Date: /IJ .-1..r -2IJ - APPROVALS Consultant: :u:..:::.;;.::.11,,,,,c__L.../l.:;__::::....:;.~-4--1-Date: . .f;f,'C.~=:J.:::;t==:-:-•Date: in the above fund for the above contract as estimated and that funds are available as of this date of signature. ~·--? ... --? CityFinance: Name: //";~:>;/~ Date: (O/;;)o/f') {_,,/ t,. .. / Agreement P.O. No.: 00058169-new 2015-346 Service Order Encumbrance Amount: $ 6,750 Service Order Account for Encumbrance: 100-82-806-700-704 City of Cupertino Gilbane Building Company Service Order# 8 Page 2 of 2 SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND GILBANE BUILDING COMPANY FOR CONSULTANT SERVICES FOR f CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS This Second Amendment to the Agreement between the City of Cupertino and Gilbane Building Company, for reference dated February 4, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and Gilbane Building Company, a California corporation whose address is 1798 Technology Drive, Suite 120, San Jose, Ca 95110, (hereinafter "CONSULTANT OR CM"), and is made with reference to the following: RECITALS: A. On May 20, 2013, an agreement was entered into by and between CITY and Gilbane Building Company (hereinafter "Agreement"). B. On July 17, 2013, the CITY and CONTRACTOR entered into a First Amendment to this Agreement (hereafter, the Agreement and the First Amendment are collectively referred to as the "Agreement"). C. CITY and Gilbane Building Company desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1. Term of the Agreement is modified to read as follows: The term of this Agreement shall commence on the date this Agreement was first executed and shall terminate on March 31, 2016 unless terminated earlier as set forth herein. 2. Paragraph 4. Compensation to CONSULTANT of the Agreement is modified to read as follows: The maximum compensation to be paid to under this agreement shall not exceed ONE MILLION FOUR HUNDRED SEVENTY EIGHT THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS ($ 1,478,489). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. CONSULTANT shall furnish to CITY'a detailed statement of the work performed for compensation during the term of this Agreement. CONSULTANT may submit monthly invoices for interim progress Page 1 of 3 Second Amendment to Gilbane Building Company Agreement payments during the course of each phase, clearly stating at a minimum the total Contract amount, amount paid to date, percent complete and amount due. 3. The following exhibits to the agreement are amended and replaced to read as shown in the attachments to this amendment: Exhibit A Revised- Scope of Services Exhibit B Revised- Schedule of Performance Exhibit C Revised—Compensation Exhibit C—1 Revised—Consultant Hourly Rates for Additional Services 4. CONSULTANT agrees to comply with all applicable requirements described in Exhibit D, attached and incorporated by reference. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 2 of 3 Second Amendment to Gilbane Building Company Agreement IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Gilbane Building Company CITY OF CUPERTINO A Duni ' a Corporation AA qgBy Iry By City Manager, David Brandt Title Date APPRO D AS TO FORM: By City Attorney, Carol Korade ATTEST: By k't City Clerk, Grace Schmidt '-- 2-q C Total Contract Amount: $ 1,478,489 2"d Amendment Amount $344,489) Page 3 of 3 Second Amendment to Gilbane Building Company Agreement Account Distribution Original Agreement and 1St Amendment Account Nos. &Encumbrance Amounts: SCCP Phase 2 - 427-9134-9300 - $ 348,000 McClellan Ranch EEC &BSS - 420-9133-9300 - $ 263,500 Mary Ave. Dog Park- 580-9137-9300 - $ 25,000 Monta Vista Storm Drain- 215-9620-9300 - $ 75,000 Quinlan Center Interior Upgrade - 580-9255-9300—$ 24,000 Sports Center Projects—Sports Court 580-9151-9300 - $ 305000 Sports Center Projects -Retaining Wall 420-9152-9300 - $ 40,000 Annual Pavemt. Maint. Phase 1 - 270-8404-9325 - $ 0 Annual Pavemt. Maint. Phase 2 - 270-8404-9325 - $ 0 TOTAL 805,500 After pavement projects unencumbered Service Orders Encumbered as of Dec. 2014 Service Order#1 —Mary Ave. Dog Park 580-9137-9300 - $ 65000 Service Order#2—Mary Ave. Dog Park 580-9137-9300 - $ 5,000 Service Order#3 —SCCP Phase 2 427-9134-9300 - $ 20,000 Service Order#4—Mary Ave. Dog Park 580-9137-9300 - $ 18,000 Service Order#5 —McClellan Ranch EEC &BSS 420-9133-9300 - $ 11,500 Service Order#6—SCCP Phase 2 427-9134-9300 - $ 57,489 Service Order#7— Service Center Solar Project 420-9270-9300 - $ 65,000 S.O. TOTAL 182,989 2nd Amendment Account Nos. &Encumbrance Amounts: McClellan Ranch EEC &BSS - 420-9133-9300 - $ 46,000 Sports Ctr. Project: West Side Court Improvements 420-9161-9300 - $ 60,000 Portal Park—Collins Sch. Cricket Pitch/Batting Cage 420-9164-9300 - $ 95500 Wilson Park—Bleacher Shade &Ball Protection Fence 580-9165-9300 - $ 14.500 580-9166-9300 - $ 145500 Wilson Park—Building&Landscape Improvements 580-9278-9300 - $ 245000 Monta Vista Rec. Ctr.—Pre-School Play Area 420-9163-9300 - $ 39,000 McClellan Ranch—Pedestrian, Parking, Landscape 420-9159-9300 - $ 38,000 Senior Ctr.—Exercise Room Wood Floor Replacement 420-9275-9300 - $ 9,500 Bubb Rd. Storm Drain Improvements 215-9616-9300—$ 1355000 Additional Services in 2nd Amend. Not Encumbered until a Service Order is executed 100,000 TOTAL 490,000 Page 1 of 1 Second Amendment to Gilbane Building Company Agreement EXHIBIT A-REVISED SCOPE OF SERVICES CONSULTANT (CM) shall perform professional construction management services as detailed in the following sections related to various construction projects in Cupertino. SECTION 1. GENERAL A. General PROJECT Description:The PROJECT involves providing pre-construction,bid phase, construction phase and post construction phase contract management services. Services may include but are not limited to utility coordination;constructability/bid ability review of the plans and specifications;cost analysis;and other pre-construction work, bid phase,construction phase and post construction phase services on various CITY construction projects. The projects include: 1) Stevens Creek Corridor Park& Restoration—Phase 2, 2)McClellan Ranch Environmental Education Center and Blacksmith Shop Relocation,3)Mary Avenue Dog Park, 4)Monta Vista Storm Drain, 5).Quinlan Center Interior Upgrade, 6A) Sports Center Projects:Retaining Wall Repair, 6B) Sports Center Project:West Side Court Improvements, 7)Annual Pavement Maintenance Program Phase 1, 8)Annual Pavement Maintenance Program Phase 2, 9) Service Center Solar Project, 10) Portal Park—Collins Sch. Cricket Pitch/Batting Cage Replacement, 11)Wilson Park—Bleacher Shade &Ball Protection Fence Project, 12) Wilson Park—Building&Landscape Improvements, 13) Monta Vista Rec. Ctr.—Pre- School Play Area Improvements, 14)McClellan Ranch—'Pedestrian,Parking,Landscape Improvements, 15) Senior Ctr.—Exercise Room Wood Floor Replacement, 16) Bubb Rd. Storm Drain Improvements. The CITY has the option to add or change the projects at a later time. B. Individual Project Descriptions: 1. Stevens Creek Corridor Park&Restoration—Phase 2 project is located on Stevens Creek south of Stevens Creek.Boulevard and north Blackberry Farm picnic area, project consists of demolition;clearing;tree removal;earthwork;grading, creek dewatering;construction of a modified creek channel between Blackberry Farm Park and Stevens Creek Blvd.;construction of concrete bridge abutments and installation of steel pedestrian bridge;installation of a pervious concrete trail,utilities modifications;planting;compliance with regulatory requirements;and related elements. 2. McClellan Ranch Environmental Education Center and Blacksmith Shop Relocation Projects is located at 22221 McClellan Road, project consists of the of constructing a building that will be approx. 2,100 square feet;the building will also include approx. 1,100 square feet of covered outdoor area. The building will contain 2 class rooms, restroom,resource room and office space with other space for storage and operational area. The project also includes the relocation of the existing Blacksmith Shop and the accessible upgrade to the existing park restrooms. There will also be Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 1 of 57 some site work for accessibility improvements and access. The estimated construction contract to be approximately$ 1,100,000. 3. Mary Avenue Dog Park project is located on the west side of Mary Avenue north of Stevens Creek Boulevard and will consist of two phases. The first phase is the soil remediation phase where the site will be remediated of lead-contaminated soil. The second phase will develop a dog park that will be approximately 22,000 square-feet and be split into a large and a small dog area with fencing and other amenities and potentially landscaping.The estimated construction contract to be approximately 120,000. 4. Monta Vista Storm Drain project consists of the installation of a main storm drain on Orange and Byrne Avenues and will include the installation of drop inlets and asphalt swales for drainage in a mostly unimproved area of Cupertino. The estimated construction contract to be approximately$530,000. 5. Quinlan Center Interior Upgrades project is located at 10185 N. Stelling road. Project consists of replacement of furniture and interior color schemes and some circulation changes. The estimated construction contract to be approximately$225,000. 6. Sports Center is located at 21111 Stevens Creek Boulevard. Project 6A consists of the replacement of an existing failing retaining wall along some tennis courts and a private development. Project 6B includes the installation of a sports court on an area that contained a swimming pool that has been filled in with dirt. The work may also include the resurfacing of some existing tennis courts and the installation of lighting. 7. Annual Pavement Maintenance Program Phase 1 project consists of the removal/replacement of failed asphalt,overlay of various streets and mill/fill of various streets.There will also be crack-filling on collector streets. Work on arterial streets and significant intersections shall be completed at night. The estimated construction contract to be approximately$1,400,000. 8. Annual Pavement Maintenance Program Phase 2 project consist of the placement of rubberized asphalt on Stevens Creek Blvd. from Hwy 85 to DeAnza Blvd. Also included the placement of rubberized cape seal on collectors and conventional Type III chip on rural roads and conventional cape seal on various residential streets and Type II slurry on various residential streets. Work on Stevens Creek Blvd. shall be night work. The estimated construction contract to be approximately$2,250,000. 9. Service Center Solar Project consists of the installation of a carport style solar PVC system in the parking area at the Service Center. 10. Portal Park—Collins Sch. Cricket Pitch/Batting Cage Replacement project consist of the replacement of the two existing cricket pitch/batting cages including artificial turf. 11. Wilson Park—Bleacher Shade &Ball Protection Fence Project consists of the installation of shade canopies over the bleachers at the ball fields and extending existing fencing and install ball safety netting screens along the 1St and 3rd base lines and at backstops. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 2 of 57 12. Wilson Park—Building&Landscape Improvement project consists of remodeling the existing kitchen area in the building on the northeast side of the park, and the installation of irrigation and drought tolerant plants around the building. 13. Monta Vista Rec. Ctr.—Pre-School Play Area Improvements project consists of constructing a play area with play structures appropriate for pre-school aged children. 14. McClellan Ranch—Pedestrian,Parking,Landscape Improvement project consists of installation of pedestrian paths to connect the ranch house and nature center to the new Environmental Education Center and the right-of-way, upgrade the existing parking area and installing landscape for erosion control around the new Environmental Education Center and Blacksmith shop. There will be some accessibility upgrades achieved by this work. 15. Senior Ctr.—Exercise Room Wood Floor Replacement project consists of the replacement of the existing wood floor in the exercise room with a new wood floor. 16. Bubb Rd. Storm Drain Improvements project consists of the construction of improvements to increase the capacity of the storm drain system in Bubb Road. This could include work on McClellan Rd. C.General Performance Requirements: 1.The performance of all services by CONSULTANT shall be to the satisfaction of the CITY,in accordance with the express terms hereof,including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2.CONSULTANT shall be responsible for coordinating the work of all consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all PROJECT meetings during the execution of this agreement under the scope of work. All minutes of meetings are due to the CITY within five (5)working days after the meeting. CONSULTANT shall provide copies of such documentation to the CITY, and as directed by the CITY,to other appropriate agencies and entities. 3.CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. CONSULTANT shall not substitute any team members without the prior approval of the CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members. 4.CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY,research applicable information, and communicate with members.of the PROJECT team. 5.CONSULTANT shall meet weekly with CITY's assigned project manager for the respective construction projects to provide an update on the current status of the construction project. CM will provide the CITY's assigned project manager with a summary report. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 3 of 57 6. CONSULTANT and CONSULTANT's subconsultants and subcontractors shall comply with applicable requirements of City's Applicant-State Agreement No. 04-20-035 Environmental Enhancement and Mitigation EEM) Program for the Stevens Creek Corridor Park&Restoration-Phase 2 project. A copy of the agreement marked Exhibit D is attached hereto and incorporated herein by reference. D. CONSULTANT shall effectively manage the assigned construction projects for the efficient,progressive, and proactive delivery of each construction project. For each assigned construction project,the CONSULTANT may provide any or all of the following tasks and subtasks under Section 2, as each specific project requires. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2. Page 4 of 57 SECTION 2.;. TASKS Task 1—Pre-Construction Phase-work shall include but is not limited to the following: 1. Conduct a constructability review of the construction documents (50%, 95% and 100%) for the various projects. Provide a written report with recommendations for changes. 2. Cost Estimate review and value engineering for various projects. Provide a written report with recommendations. 3. Utility coordination for projects. Work shall include a survey of existing utilities,the development of utility service plan for new and existing structures, coordinating with consultant preparing the project plans and making application to the utility companies for service. 4. Assist with the building permit approval process. Work shall include but is not limited to coordinating with design consultant and building department to receive an approved building permit. 5. Assist with the review and approval process for other permits and regulatory requirements. Work shall include but is not limited to coordinating with design consultant, city staff, and regulatory agencies to apply for and secure approved permits and authorizations as needed. 6. Assist with the development and conducting of public outreach programs to assist in providing public information regarding project. 7. Assist with grant administration during the project. Task 2—Bid Phase-work shall include but is not limited to the following: 1. Conduct a pre-bid Conference with prospective Bidders. 2. Assist with the issuing of Addendums. 3. Assist in the development of bidders'interest in a project. 4. Review bid documents and assist the CITY in evaluation of bidders Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary. 5. Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award. 6. Assist in review and processing of substitution submittals during bid and construction phase. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 5 of 57 Task 3—Construction Phase—work shall include but is not limited to the following: 1. Administration and Coordination of Construction Contract: CM will provide administrative, construction management and relatedservices necessary to administer the Construction Contract on each assigned project. CM's services shall include but are not limited to the following: a. Scheduling, coordinating and conducting pre-construction and construction meetings;recording,maintaining and distributing minutes thereof. b. Prior to start of project construction the CM and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/or electronic. CM will make recommendations on programs to be used for tracking and other record keeping needs. c. Develop and implement a procedure for the submittal and processing of submittals with the design consultant. This shall include preparing and updating logs. Provide preliminary review for completeness and general compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant(such as Safety Plan,Fire Protection Plan). Sign and date such submittals with response:Reviewed or Revise and Resubmit. d. Develop and implement a procedure for the submittal and processing of substitution requests with the CITY and the design consultant. This shall include preparing and updating logs. e. Develop and implement a procedure for timely handling and disposition of the Contractor's request for information(RFI) or clarifications with the design consultant. This shall include preparing and updating logs. f. Establish and implement procedures for the timely transmittal and receipt of communications, drawing and other information between CM, design consultant and the Contractor relating to construction of the project. g. Develop and implement a procedure for the timely submittal,processing and tracking of Contract Change Orders (CCO), Request for Price Quote (RPQ), etc. with the CITY. This shall include preparing and updating logs. h. Coordinate and maintain a project directory for the project,with emergency contact information. L Review the Contractor's comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the Contractor's three week look ahead schedule. Verify that schedules conform to the construction contract documents. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 6 of 57 j. Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction,to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials. 2. Monitoring of construction costs and progress payments, CM services shall include but are not limited to the following: a. Provide and maintain project level reports for budgeting and contingency tracking;contract payment status;cash flow forecasting and analysis; grant documentation;and other financial reporting as necessary to support the CITY's accounting needs. CM shall maintain records reflecting the actual costs for activities completed or in progress,including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CM shall monitor and advise the CITY of costs pertaining to potential,pending and completed changes;and potential or pending claims. b. Develop a procedure for submittal,review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CM shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CM will verify that the "as built" check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CM will require Contractor to provide a conditional waiver.and release for progress payments and a final release and waiver for the final payment. CM will certify that the data in each application for progress payment is to the best of CM's knowledge,information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CM's review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities. CM shall also verify the progress payment satisfies any grant requirement. 3. Substantial completion and final completion, CM services shall include but are not limited to the following: a. Consult with the design consultants and CITY to jointly ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has not been achieved, the CM will assist the design consultant in noting the conditions of the work and the measures necessary for the Contractor to achieve substantial completion. Upon determining that the Contractor has achieved substantial completion the CM will coordinate the CITY's and design consultant's final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 7 of 57 b. Assist the CITY in issuing a certificate of substantial completion and final completion,as applicable. 4. Progress Records, CM services shall include but are not limited to the following: a. Maintain records of the progress of construction of the project,including written progress reports and photographs reflecting the status of construction and percentage completion of the project. CM will maintain daily records during construction of the project showing weather conditions,personnel of the Contractor and Subcontractor at the site,work accomplished,problems. encountered and other matters materially affecting the project,completion of the project or construction cost to complete construction of the project. CM shall maintain project records for test results and special inspection results. b. Provide monthly progress reports on the project. 5. Site observations of project, CM services shall include but are not limited to the following: a. CM shall be on-site during construction of the project and substantially at all times during which there are construction activities at the site. CITY and CM may agree to the amount of time required to be at the site for observation, however this does not relieve the CM from the requirement of having knowledge of the status of the work. b. Coordinate testing,lab services and inspections,this includes by outside firms. CM will work with the Building Department for permit inspections coordination and final approvals of permit. Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 5. c. Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved-Change Orders, Submittals, building permit, SWPPP and associated testing or monitoring documentation, other permits, applicable codes,rules and regulation and other written or electronic materials relating to the project. d. CM will endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents. e. CM shall reject work whenever in the ordinary course of discharging its services the CM discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project's life-safety systems or operations, structural elements or integrity of the safety of persons or property. CM shall take prompt action appropriate Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 8 of 57 under the circumstances,including stopping the work and thereupon notifying the CITY in writing. CM's responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature. f. Review the Contactor safety program and the requirements of the construction documents and applicable law. CM shall monitor the Contractor's compliance with safety programs and advise the CITY of measures,if any, necessary or appropriate to obtain the Contractor's compliance. By undertaking the obligation hereunder, CM shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CM is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program. g. CM shall promptly notify the CITY in writing of all CM observed instances of Contractor's failure to comply with applicable safety requirements. If in the course of performing services during the construction,the CM observes a safety violation or other unsafe condition on or about the site or surrounding area which have a immediate or potential or actual adverse effect on life or property, the CM is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CM under the then existing circumstances to prevent such actual or potential adverse effect. h. CM shall become familiar with all CEQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the construction site. CM shall be responsible for monitoring all aspects of the project as it relates to the requirements. CM shall monitor the Contractor's compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances,including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements. 6. Contract Change Order (CCO)processing, CM services shall include but are not limited to the following: a. Coordinate and.disseminate correspondence, drawings and other written materials by and between the Contractor,the CITY and the design consultants relating to changes to the project. CM will coordinate the Contractor's performance of changes authorized by the CITY. CM shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 9 of 57 b. Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CM will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor's proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CM will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CM is not authorized,without the prior consent and approval of the CITY,to effectuate or authorize any change to the work of the project. The CM shall be liable to the CITY for all direct and consequential costs,losses or damage resulting from the CM's direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY. 7. Claims handling, CM service shall include but are not limited to the following: a. Assist the design consultant in the review,evaluation and processing of claims asserted by the Contractor; CM will make recommendations to the CITY as to merit, handling and disposition of Contractor's claims. Except in the event that the CM is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CM to prepare documentation or provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CM is alleged to have caused or contributed to a Contractor claim, the CM's claims handling services, including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CM's basic services under this agreement. 8. CM equipment, CM shall provide the following equipment necessary to carry out CM duties: a. Provide all equipment,furnishings and other items necessary to complete the services required for the project. Including without limitation,trailer, computers,related hardware, software,vehicles, cell phones, office equipment and copiers. Task 4—Post-Construction Phase—work shall include but is not limited to the following: 1. Contractor closeout document review, CM services shall include but are not limited to the following: Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 10 of 57 a. Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CM shall review each Contractor's closeout submitatals to determine conformity with the requirements of the Construction Contract. If the CM determines that any Contractor's closeout submittals are not in conformity with requirements of the construction contract,the CM shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CM shall deliver to the CITY all of the Contractor's closeout submittals,including the Contractor's as-build drawings which the CM shall transmit to the design consultant for preparation of the record drawings. The CM shall monitor the design consultant's preparation and completion of the project record drawings prior to delivering to the CITY. b. Within thirty(30) days of the date of issuance of a Certificate of Final Completion for the construction contract,the CM shall assemble and deliver to the CITY all of the records maintained by the CM relating to the project. Task 5—Allowance for Testing and Inspections by Subconsultant 1. CM shall engage the necessary subconsultants to perform the necessary testing and inspection as required for the project. This is the only reimbursable expense that will be allowed in the agreement. CM shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project. 2. Compensation to the CM for testing and inspections by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CM shall bill monthly for actual testing and inspections completed. CM shall attach copies of subconsultants' invoice for verification of cost being billed. Task 6—Additional Services 3. Services provided by CM that are different from or in addition to those described herein are being included in the scope of Basic Services are referred to as"Additional Services". No Additional Services shall be performed without the prior written authorization of the CITY. No compensation shall be due from the CITY to the CM for any Additional Services provided or performed by the CM without the prior written authorization of the CITY. 4. Compensation to the CM for Additional Services directed and authorized by the CITY shall be on the basis of either: 1) actual and reasonable time of the CM's personnel necessary to complete the authorized Additional Service computed in accordance with the Rate Schedule attached to this Agreement; or 2) a fixed price mutually agreed upon by the CITY and the CM. The forgoing notwithstanding,if Additional Services Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 11 of 57 authorized by the CITY result from the neglect of CM or CM's default under this Agreement, CM shall complete Additional Services at no cost to the CITY. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 12 of 57 EXHIBIT B REVISED SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by March 31,2016. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any date set in this Exhibit. PROJECT No.1: Stevens Creek Corridor Park&Restoration Phase 2 Task#1: Pre-Construction Phase:NIC NIC Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 13 of 57 PROJECT No.2: McClellan Ranch Environmental Education Center&Blacksmith Shop Relocation Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase:Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 14 of 57 PROJECT No.3: Mary Avenue Dog Park Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP)to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant:NIC NIC Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 15 of 57 PROJECT No.4: Monta Vista Storm Drain Task#1: Pre-Construction Phase:.1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase:Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 16 of 57 PROJECT No.5: Quinlan Center Interior Upgrades Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed(NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement . for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant:NIC NIC Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 17 of 57 PROJECT No. 6A: Sports Center Projects—Retaining Wall Repair Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase:Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 18 of 57 PROJECT No. 613: Sports Center Projects—West Side Court Improvements Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 19 of 57 PROJECT No. 7: Annual Pavement Maintenance Program Phase 1 Task#1: Pre-Construction Phase:NIC NIC Task#2 Bid Phase:NIC NIC Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion_ Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 20 of 57 PROJECT No.8: Annual Pavement Maintenance Program Phase 2 Task#1: Pre-Construction Phase:NIC NIC Task#2 Bid Phase:NIC NIC Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 21 of 57 PROJECT No.9: Service Center Solar Project Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: NIC NIC Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 22 of 57 PROJECT No.10: Portal Park-Collins Sch. Cricket Pitch/Batting Cage Replacement Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 23 of 57 PROJECT No.11: Wilson Park—Bleacher Shade &Ball Protection Fence Project Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase:Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 24 of 57 PROJECT No.12: Wilson Park—Building&Landscape Improvements Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 25 of 57 PROJECT No.13: Monta Vista Rec. Ctr.—Pre-School Play Area Improvements Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase:Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion_ Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 26 of 57 PROJECT No. 14: McClellan Ranch—Pedestrian,Parking,Landscape Improvements Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 27 of 57 PROJECT No.15: Senior Center-Exercise Room Wood Floor Replacement Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed(NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP)to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion_ Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 28 of 57 PROJECT No. 16: Bubb Rd. Storm Drain Improvements Task#1: Pre-Construction Phase:1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task#3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task#4: Post-Construction Phase: Upon City issuance of Notice of Final Completion Task#5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task#6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 29 of 57 EXHIBIT C REVISED COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT,including both payment for professional services,additional services and reimbursable expenses, shall not exceed ONE MILLION FOUR HUNDRED SEVENTY EIGHT THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS ($ 1,478,489). CONSULTANT agrees that it shall perform all of the services set forth in EXHIBIT A of this AGREEMENT,except for additional services required pursuant to Section 2,Task No. 6 and inclusive of reimbursable expenses, for the lump-sum amount of ONE MILLION THREE HUNDRED SEVENTY EIGHT THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS ($ 1,378,489). The maximum amount of Additional Services are authorized under Section F of this EXHIBIT C is ONE HUNDRED THOUSAND DOLLARS($ 100,000). B. Method of Payment For Task Nos. 1 through 6 CONSULTANT shall,during the term of this AGREEMENT,invoice the CITY monthly based upon a percentage of completion of each task set forth below in the Payment Schedule for services performed, and reimbursable expenses incurred if applicable,in completing that task under this AGREEMENT(Hereinafter "Invoice"). Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty(30)working days of receipt of the Invoice. The Invoice shall be based on the percentage of the task completed, and it shall describe the . work completed during the Invoice period in accordance with the Payment Schedule set forth below. The Invoice shall be broken out per project as listed on the Payment Schedule. The Invoice.shall list work completed and reimbursable expenses if applicable,in accordance with the Payment Schedule set forth below. CONSULTANT also shall include supporting documents to verify completed work and for any reimbursable expenses. The Invoice shall include sufficient detail to satisfy grant requirements, funding agreements and financial audits. The Invoice shall also show the total to be paid for the Invoice period. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 30 of 57 C. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: PROJECT No. 1: Stevens Creek Corridor Park&Restoration Phase 2 Task Task Description Compensation Task#1: Pre-Construction Phase-NIC NIC Task#2: Bid Phase 5,000 Task#3: Construction Phase(includes S.O. #3-$20,000&S.O. #6- 356 489 57,489)) Task#4: Post-Construction Phase 26,000 Task#5: Allowances for Testing and Inspection by Subconsultant 18,000 Task#6: Additional Services 20,000 TOTAL 425,489 PROJECT No. 2: McClellan Ranch Environmental Education Center&Blacksmith Shop Relocation Task Task Description Compensation Task#1: Pre-Construction Phase 10,000 Task-#2: Bid Phase 15,000 Task#3: Construction Phase (includes S.O. #5$11,500) 222,500 Task#4: Post-Construction Phase 30,000 Task#5: Allowances for Testing and Inspections by Subconsultant 43,500 Task#6: Additional Services 0 TOTAL 321,000 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 31 of 57 PROJECT No. 3: Mary Avenue Dog Park Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase (includes S.0.42-$5,000&S.O. #4- 43,000 18,000) Task#4: Post-Construction Phase 3,000 Task 5: Allowances for Testing and Inspections by Subconsultant.6,000 includes S.O. # 1-$6,000) Task#6: Additional Services 0 TOTAL 54,000 PROJECT No. 4: Monta Vista Storm Drain Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 54,000 Task#4: Post-Construction Phase 4,000 Task 5: Allowances for Testing and Inspections by Subconsultant 15,000 Task#6: Additional Services 0 TOTAL 75,000 PROJECT No. 5: Quinlan Center Interior Upgrade Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 19,000 Task#4: Post-Construction Phase 3,000 Task 5: Allowances for Testing and Inspections by Subconsultant NIC NIC Task#6: Additional Services 0 TOTAL 24,000 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 32 of 57 PROJECT No. 6A: Sports Center Projects—Retaining Wall Repair Task Task Description Compensation Task#1: Pre-Construction Phase 500 Task#2: Bid Phase 500 Task#3: Construction Phase 19,600 Task#4: Post-Construction Phase 1,500 Task 5: Allowances for Testing and Inspections by Subconsultant 17,900 Task#6: Additional Services 0 TOTAL 40,000 PROJECT No. 613: Sports Center Projects—West Side Court Improvements Task Task Description Compensation Task#1: Pre-Construction Phase 2,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 70,000 Task#4: Post-Construction Phase 2,000 Task 5: Allowances for Testing and Inspections by Subconsultant 15,000 Task#6: Additional Services 0 TOTAL 90,000 PROJECT No. 7: Annual Pavement Management Program Phase 1 Task Task Description Compensation Task#1: Pre-Construction Phase NIC NIC Task#2: Bid Phase NIC NIC Task#3: Construction Phase 0 Task#4: Post-Construction.Phase 0 Task#5: Allowances for Testing and Inspections by Subconsultant 0 Task#6: Additional Services 0 TOTAL 0 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 33 of 57 PROJECT No. 8: Annual Pavement Management Program Phase 2 Task Task Description Compensation Task#1: Pre-Construction Phase NIC NIC Task#2: Bid Phase NIC NIC Task#3: Construction Phase 0 Task#4: Post-Construction Phase 0 Task#5: Allowances for Testing and Inspections by Subconsultant 0 Task#6: Additional Services 0 TOTAL 0 PROJECT No. 9: Service Center Solar Project (Service Order No. 7) Task Task Description Compensation Task#1: Pre-Construction Phase 5,000 Task#2: Bid Phase NIC Task#3: Construction Phase 30,000 Task#4: Post-Construction Phase 10,000 Task 5: Allowances for Testing and Inspections by Subconsultant 15,000 Task#6: Additional Services 5,000 TOTAL 65,000 PROJECT No. 10: Portal Park—Collins Sch. Cricket Pitch/Batting Cage Replacement Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 5,000 Task#4: Post-Construction Phase 1,000 Task 5: Allowances for Testing and Inspections by Subconsultant 1,500 Task#6: Additional Services 0 TOTAL 9,500 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 34 of 57 PROJECT No. 11:Wilson Park—Bleacher Shade &Ball Protection Fence Project Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 21,000 Task#4: Post-Construction Phase 2,000 Task 5: Allowances for Testing and Inspections by Subconsultant 4,000 Task#6: Additional Services 0 TOTAL 29,000 PROJECT No. 12: Wilson Park—Building &Landscape Improvements Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 16,000 Task#4: Post-Construction Phase 2,000 Task 5: Allowances for Testing and Inspections by Subconsultant 4,000 Task#6: Additional Services 0 TOTAL 24,000 PROJECT No. 13: Monta Vista Rec. Ctr.—Pre-School Play Area Improvements Task Task Description Compensation Task#1: Pre-Construction Phase 2,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 28,000 Task#4: Post-Construction Phase 2,000 Task 5: Allowances for Testing and Inspections by Subconsultant 5,000 Task#6: Additional Services 0 TOTAL 39,000 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 35 of 57 PROJECT No. 14: McClellan Ranch—Pedestrian,Parking,Landscape Improvements Task Task Description Compensation Task#1: Pre-Construction Phase 2,000 Task#2: Bid Phase 2,000 Task#3: Construction Phase 27,000 Task#4: Post-Construction Phase 2,000 Task 5: Allowances for Testing and Inspections by Subconsultant 5,000 Task#6: Additional Services 0 TOTAL 38,000 PROJECT No. 15: Senior Center—Exercise Room Wood Floor Replacement Project Task Task Description Compensation Task#1: Pre-Construction Phase 1,000 Task#2: Bid Phase 1,000 Task#3: Construction Phase 5,000 Task#4: Post-Construction Phase 1,000 Task 5: Allowances for Testing and Inspections by Subconsultant 1,500 Task#6: Additional Services 0 TOTAL 9,500 PROJECT No. 16: Bubb Road Storm Drain Improvements Task Task Description Compensation Task#1: Pre-Construction Phase 5,000 Task#2: Bid Phase 5,000 Task#3: Construction Phase 95,000 Task#4: Post-Construction Phase 5,000 Task 5: Allowances for Testing and Inspections by Subconsultant 25,000 Task#6: Additional Services 0 TOTAL 135,000 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 36 of 57 TOTAL OF PROJECTS: Total Per Project Project No. &Name Compensation Project No. 1: Stevens Creek Corridor Park&Restoration Phase 2 425,489.00 Project No.2:McClellan Ranch Environmental Education Center&Blacksmith Shop Relocation 321,000.00 Project No.3:Mary Avenue Dog Park 54,000.00 Project No.4:Monta Vista Storm Drain 75,000.00 Project No.5: Quinlan Center Interior Upgrade 24,000.00 Project No. 6A: Sports Center Project: Retaining Wall Repair 40,000.00 Project No. 6B: Sports Center Project:West Side Court Improvements 90,000.00 Project No. 7: Annual Pavement Management Program Phase 1 0.00 Project No. 8:Annual Pavement Management Program Phase 2 0.00 Project No. 9: Service Center Solar Project 65,000.00 Project No. 10: Portal Park-Collins Sch. Cricket Pitch/Batting Cage Replacement 9,500.00 Project No. 11:Wilson Park-Bleacher Shade &Ball Protection Fence Project 29,000.00 Project No. 12:Wilson Park-Building&Landscape Improvement 24,000.00 Project No. 13: Monta Vista Rec. Ctr. -Pre-School Play Area Improvements 39,000.00 Project No. 14:McClellan Ranch-Pedestrian,Parking,Landscape Improvements 38,000.00 Project No. 15: Senior Ctr.-Exercise Room Wood Floor Replacement 9,500.00 Project No. 16:Bubb Rd. Storm Drain Improvements 135,000.00 Additional Services-ASDs 100,000.00 1,478,489.00 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total AGREEMENT amount does not exceed ONE MILLION FOUR HUNDRED SEVENTY EIGHT THOUSAND FOUR HUNDRED EIGHTY NINE DOLLARS($ 1,478,489). Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 37 of 57 D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: Project No. 1: Stevens Creek Corridor Park &Restoration Phase 2 TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase NIC NIC Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 38 of 57 Project No. 2: McClellan Ranch Environmental Education Center &Blacksmith Shop Relocation TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 39 of 37 Project No. 3: Mary Avenue Dog Park TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL= UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant NIC NIC Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 40 of 57 Project No. 4: Monta Vista Storm Drain TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 41 of 57 Project No. 5: Quinlan Center Interior Upgrade TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL: UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2 Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant NIC NIC Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 42 of 57 Project No. 6A: Sports Center Projects-Retaining Nall Repair TASK MILESTONE PERCENT OF TASK COMPENSATION PAIN UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 43 of 57 Project No. 6B: Sports Center Projects.-West Side Courts Improvements TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL: UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100%. Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 44 of 57 Project No. 7: Annual Pavement Management Program Phase 1 TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1 — Pre-Construction Phase NIC NIC Task#2— Bid Phase NIC NIC Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 45 of 57 Project No. 8: Annual Pavement Management Program Phase 2 TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1- Pre-Construction Phase NIC NIC Task#2- Bid Phase NIC NIC Task#3-Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6=Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 46 of 57 Project No. 9: Service Center Solar Project TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase NIC NIC Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 47 of 57 Project No. 10: Portal Park—Collins Sch. Cricket Pitch/Batting Cage Replacement TASK MILESTONE PERCENT OF TASK COMPENSATION PAIE UPON COMPLETION OF MILESTONE Task#1 — Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 48 of 57 Project No. 11: Wilson Park-Bleacher Shade &Ball Protection Fence Project TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL: UPON COMPLETION OF MILESTONE Task#1- Pre-Construction Phase 100% Task#2- Bid Phase 100% Task#3-Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4-Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5-Allowances for Testing and Inspection by Subconsultant 100% Task#6-Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 49 of 57 Project No. 12: Wilson Park—Building &Landscape Improvements TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL: UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 50 of 57 Project No. 13: Monta Vista Rec. Ctr.—Pre-School Play Area Improvements TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 51 of 57 . Project No. 14: McClellan Ranch—Pedestrian,Parking,Landscape Improvements TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 52 of 57 Project No. 15: Senior Center-Exercise Room Wood Floor Replacement Project TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1- Pre-Construction Phase 100% Task#2- Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 , Page 53 of 57 Project No. 16: Bubb Road Storm Drain Improvements TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 54 of 57 Project.No. TASK MILESTONE PERCENT OF TASK- COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task#1— Pre-Construction Phase 100% Task#2— Bid Phase 100% Task#3—Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task#4—Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task#5—Allowances for Testing and Inspection by Subconsultant 100% Task#6—Additional Services Paid pursuant to Subsection G below. D. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included in the Payment Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services. E. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's maximum compensation,including, but not limited to, any expenses related to CONSULTANT's tasks. There are no separate reimbursable expenses for Basic Services performed under any Task of EXHIBIT A. F. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated.to be paid on a lump sum or a time and material basis at the rates set forth herein,as authorized by the CITY. The CITY has set aside the sum of ONE HUNDRED THOUSAND DOLLARS($ 100,000) for the payment of Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 55 of 57 Additional Services.The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month. In the event Additional Services are authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate schedule attached to this EXHIBIT C-1. The rates shown in the EXHIBIT C-1 shall stay in effect during the full term of the contract. The CITY shall pay Additional Services Invoices as provided in this EXHIBIT C. Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 56 of 57 EXHIBIT C-1 REVISED CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES Gilbane Project Executive 226 Project Manager 170 Superintendent 159 Assistant Superintendent 134 Senior Project Engineer 143 Project Engineer 96 Office Engineer 72 Project Accountant 116 Administrative Assistant 68 Operations Executive/Principal-in-Charge $247 Senior Preconstruction Manager 226 Preconstruction Manager 173 Chief Estimator 196 MEP Estimator 173 CSA Estimator 125 Scheduling Manger 173 Scheduling Engineer 134 Safety Manager 140 Gilbane Building Company Agreement Revised Exhibits-Amendment No.2 Page 57 of 57 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT Service Order #7 For: Gilbane Building Company Consultant Services Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $1,134,000 Term: March 31, 2015 Approval by: City Council Item Number: 12 Date: July 16, 2013 Consultant: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 PROJECT DESCRIPTION Project Name: Project No. 7: Service Center Solar Project Description: Gilbane to provide staff for the Service Center Solar Project, see attached Exhibit A for a breakdown of tasks. CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Alex Acenas City of Cupertino Service Order # 7 Gilbane Building Company Page 1 of 2 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT FISCAUBUDGET Agreement Maximum Compensation: Original Encumbrance: EXPENDED/CLOSED: Fund: 580-9137-9300 Comp, SO#1 MADP 1,134,000 805,500 6,000 EXPENDED/CLOSED: Funds: 580-9137-9300 Comp, SO#2 MADP: 5,000 EXPENDED/CLOSED: Funds: 427-9134-9300 Comp, SO#3 SCCP: 20,000 EXPENDED/CLOSED: Funds: 580-9137-9300 Comp, SO#4 MADP: 18,000 ENCUMBER: Funds: 420-9133-9300 Consultant Comp, SO#5 MR EEC: 11,500 ENCUMBER: Funds: 427-9134-9300 Consultant Comp, SO#6 SCCP: 57,489 Previously Encumbered: 923,489 Current unencumbered amount in Agreement: 201,511 ENCUMBER: Funds: 420-9270-9300 Consultant Comp, SO#7 Solar: 65,000 Total encumbered to date: 988,489 Remaining unencumbered in Agreement: $ 145,511 Contract Manager: %7?Za®(4 - Date: a ALaC /4-C-UNA-S, PW Pkk v1'. /w(c . APPROVALS P / ( / Consultant: Date: .24 Director of Public Works• Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Name: Date: Agreement P.O. No.: 00058169 Service Order Encumbrance Amount: $ 65,000 Service Order Account for Encumbrance: 420-9270-9300 City of Cupertino Service Order # 7 Gilbane Building Company Page 2 of 2 1R• ': _ Project No. 9 — Service Center Solar Project Description: Project generally consists of designing and constructing and commissioning a solar power system at the City's Service Center by Cupertino Electric. The City is utilizing design build technique to complete this project. Work includes installing a solar power system that is a carport style PV system while the service center continues to operate. Gilbane will provide the following services on this project. Project duration is expected to be 5-6 months. Task #1: Pre -Construction Phase Task #2: Bid Phase Task #3: Construction Phase Task #4: Post -Construction Phase Task #S:Allowance for Testing and and Inspections by Subconsultant Task #6: Additional Services TOTAL 5,000 NIC 30,000 10,000 Includes Commissioning of System 15,000 5,000 65,000 a CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUI]LDING,COMPANY CONSULTANT SERVICES AGREEMENT Service Order #6 For: Gilbane Building Company Consultant Services Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $1,134,000 Term: March 31, 2015 Approval by: City Council Item Number: 12 Date: July 16, 2013 Consultant: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 PROJECT DESCRIPTION Project Name: Stevens Creek Corridor11ark & Restoration Phase 2 Description: Gilbane to provide staff for extended construction period, additional Task 3 Construction Phase work, see attached backup documents CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Gail Seeds City of Cupertino a Service Order # 6 Gilbane Building Company Page 1 of 2 CITY OF CJPERTINO SERVICE ORDER FOR GILBANE BUIILDING COMPANY CONSULTANT SERVICES AGREEMENT FISCAUBUDGET Agreement Maximum Compensation: $ 1,134,000 Original Encumbrance: $ 805,500 ENCUMBER: Fund: 580-9137-9300 Consultant Comp, SO#1 MADP: $ 6,000 ENCUMBER: Funds: 580-9137-9300 Consultant Comp, SO#2 MADP: $ 5,000 ENCUMBER: Funds: * 427-9134-9300 Consultant Comp, SO#3 SCOP: $ 20,000 ENCUMBER: Funds: 580-9137-9300,Consultant Comp, SO#4 MADP: $ 18,000 ENCUMBER: Funds: 420-9133-9300 Consultant Comp, SO#5 MR EEC: $ 11,500 Previously Encumbered: $ 866,000 Current unencumbered amount in Agreement: $ 268,000 / ENCUMBER: Funds: 427-9134-9300 Consultant Comp, S0#6 SCCP: $ 57,489 Total encumbered to date:. $ 923,489 Remaining unencumbered in Agreement: $ 210,511 Contract Manager:_ Date: r Zv/qI / U I APPROVALS Consultant: L Date: Director of Public Work Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Name: Date: /_)_ Agreement P.O. No.: 00058169 Service Order Encumbrance Amount: $ 57,4.89 Service Order Account for Encumbrance: 427-9134-9300 6 City of Cupertino Gilbane Building Company Service Order # 6 Page 2 of 2 June 6, 2014 City of Cupertino Public Works Department 10300 Torre Ave. Cupertino, CA 95014 Subject: Stevens Creek Corridor Park & Restoration Phase 2 — Additional Services Ms. Gail Seeds, The subject project was scheduled to achieve Final Completion on November 30; 2013 per the construction contract Special Conditions "Contract Time" (00800.1.5). Through approved construction contract change orders 4r, 5, 10, 12, 13 and 14, the Contract Time was extended. As a result of the Contract Time extension, Gilbane Building Company (Gilbane) was required to extend its construction management services until the subject project achieved substantial completion. Services performed were summarized in reports entitled "Stevens Creek Corridor Restoration and Park, Phase 2 - Progress Activities" for -the months from December 2013 through March 2013. The reports (Attachments 1-4) were transmitted with Gilbane's progress payments. Our fee proposal for the additional services is NINETY-FIVE THOUSAND TWO HUNDRED DOLLARS ($95,200). The proposed fee is based upon the requirements in Exhibit C and Exhibit C-1 of the FIRST AMENDMENT TO AGGREEMENT BETWEEN THE CITY OF CUPERTINO AND GILBANE BUILDING COMPANY FOR CONSULTANT SERVICES FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS. Specifically, the proposed fee was based upon the listed hourly rate for a Project Manager on Exhibit C-1 as follows: MONTH DAYS/ MONTH HR/ DAY HOURLY RATE TOTAL December 20 8 170 27,200 January 22 8 170 29,920 February 20 8 170 27,200 March 8* 8 170 10,880 TOTAL 70 95,200.00 Substantial Completion was achieved on March 12, 2014 and eight (8) working days are proposed to address the working days up to and through this date. On February 20, 2014, Additional Service Directive — No. 2 (Attachment 5) was authorized by City to allow Gilbane to proceed with providing additional staffing services for the extended construction period in the amount of SEVENTEEN THOUSAND SEVEN HUNDRED ELEVEN DOLLARS ($17,711). On March 4, 2014, Service Order #3 Attachment 6) was executed between the City and Gilbane to provide staff for extended construction period, Additional Task #3 Construction Phase work in the amount of TWENTY THOUSAND DOLLARS ($20,000). Given that a total of $37,711 was previously approved as compensation for the extended construction management services for the project, the fee proposal above may be reduced by $37,711. The proposed final fee for the extended construction management services is FIFTY-SEVEN THOUSAND FOUR HUNDRED EIGHTY-NINE DOLLARS ($57,489). Please let me know if you have any questions. Sincerely, Glenn Rock Sr. Project Manager Gilbane Building Company 11798 Technoloey Dr., Suite 1:20 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 ATTACHMENT 1 January 20, 2014 City of Cupertino Department of Public Works 10300 Torre Ave Cupertino, CA 95014 Subject: Stevens Creek Corridor Restoration and Park, Phase 2 - December 2013 Progress Activities Dear Ms. Gail Seeds As back-up information to its monthly invoice, Gilbane Building Company is pleased to provide a summary of its activities for the December billing period. Major Construction Activities: Completed: Parking lot demolition Parking lot subgrade compaction and base placement and compaction Parking lot curb, gutter, sidewalk and asphalt placement Pedestrian trail base placement and compaction Golf Tee protection fencing Continued: Tree protection Watering existing tree roots along creek banks Planting within creek area Pervious concrete trail Irrigation Invasive plant removal Pedestrian cross walk signal Started: Chain link fencing and gates Grape stake fencing Bio -treatment areas Hydro seeded restoration areas Roadway striping and median curbing Processed: 6 material submittals were reviewed 5 resubmittals 1 request for information 3 field authorizations 1 progress payment reviewed Gilbane Building Company 1 1798 Technology Dr., Suite 120 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 Construction Oversight: 16 number of days worked by contractor in December. 16 number of days Gilbane staff provided onsite oversight in December. Collected: Construction photos. Conducted: 3 Weekly construction progress meE)tings. 3 Weekly update meetings with gold course operations. 2 activity specific meetings (driveway/ bridge/ pedestrian trail preconstruction and contract change order negotiation) Testing: 2 inspections/tests were undertaken during the reporting period. Prepared: 3 meeting minutes for weekly construction progress meetings. Tracking: 2 Preliminary Notices Narrative: Continued assistance on resolving initial claim of additional work and initial claim updates. Issued contract clarification for intermediate milestone plant maintenance. Sincerely, Glorm Ro K Glenn Rock Senior Project Manager Gilbane Building Company 1 1798 Technology Dr., Suite 120 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 ATTACHMENT 2 April 11, 2014 City of Cupertino Department of Public Works 10300 Torre Ave Cupertino, CA 95014 B", W'7xn7lpe Subject: Stevens Creek Corridor Restoration and Park, Phase 2 - January 2014 Progress Activities Dear Ms. Gail Seeds As back-up information to its March invoice, Gilbane Building Company is pleased to provide a summary of its activities for the month of January. Major Construction Activities: Completed: Pervious concrete trail Pedestrian cross walk electrical work (substantially complete) Chain link fencing and gates Grape stake fencing Hydro seeded restoration areas Roadway striping and median curbing Irrigation Planting within creek area Bark chip trail Continued: Tree protection Invasive plant removal Bio -treatment areas Started: Bridge plinths Flagstone paving Golf course soil preparation Furnishing installation Chicane gate installation Kiosk installation Processed: 1 material submittal was reviewed 0 resubmittals 1 request for information 4 field authorizations 1 progress payment reviewed Gilbane Building Company 1 1798 Technology Dr., Suite 120 1 Son Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 Construction Oversight: 22 number of days worked by contractor in January. 22 number of days Gilbane staff provided onsite oversight in January. Collected: Construction photos. Conducted: 3 Weekly construction progress meetings. 5 Weekly update meetings with golf: course operations. 2 activity specific meetings (arborist punch walk and restoration planting punch walk) Testing: 2 inspections/tests were undertaken during the reporting period. Prepared: 3 meeting minutes for weekly construction progress meetings. Tracking: 0 Preliminary Notices Narrative: Met with Neighborhood Association president regarding restoration of damaged planting. Issued final completion notice for iniiermediate milestone planting. Sincerely, 6Gewi bck Glenn Rock Senior Project Manager Gilbane Building Company 1 1798 Technology Dr., Suite 120 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 ATTACHMENT 3 April 11, 2014 City of Cupertino Department of Public Works 10300 Torre Ave Cupertino, CA 95014 Subject: Stevens Creek Corridor Restoration and Park, Phase 2 - February 2014 Progress Activities Dear Ms. Gail Seeds As back-up information to its March invoice, Gilbane Building Company is pleased to provide a summary of its activities for the month of February. Major Construction Activities: Completed: Kiosk installation Chicane gate installation Golf course turf installation Continued: Tree protection Invasive plant removal Bio -treatment areas Bridge plinths Flagstone paving Furnishing installation Started: Rope fencing Plinth restoration and replacement Project plinth Trail signage Processed: 0 material submittal was reviewed 0 resubmittals 0 request for information 4 field authorizations 1 progress payment reviewed Construction Oversight: 16 number of days worked by contractor in February. 20 number of days Gilbane staff provided onsite oversight in February. Gilbane Building Company 1 1798 Technology Dr., Suite 120 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 Collected: Construction photos. Conducted: 0 Weekly construction progress meetings. 4 Weekly update meetings with golf course operations. 2 activity specific meetings (final inspection creek planting maintenance and potential change order) Testing: 1 inspection/test was undertaken during the reporting period. Prepared: 0 meeting minutes for weekly construction progress meetings. 1 punch walk notes Tracking: 2 Preliminary Notices Narrative: Evaluated potential change order: Received Notice of Substantial Completion. Sincerely, O vvi Rock Glenn Rock Senior Project Manager Gilbone Building Company 1 1798 Technology Dr., Suite 120 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 ATTACHMENT 4 April 11, 2014 City of Cupertino Department of Public Works 10300 Torre Ave Cupertino, CA 95014 Subject: Stevens Creek Corridor Restoration and Park, Phase 2 - March 2014 Progress Activities Dear Ms. Gail Seeds As back-up information to its March invoice, Gilbane Building Company is pleased to provide a summary of its activities for the month of March. Major Construction Activities: Completed: Tree protection Bio -treatment areas Bridge plinths Flagstone paving Furnishing installation Rope fencing Driveway plinth restoration and replacement Project plinth Trail signage Continued: Invasive plant removal Started: Project clean-up Implement punch list activities Processed: 0 material submittal was reviewed 0 resubmittals 0 request for information 0 field authorizations 1 progress payment reviewed Construction Oversight: 19 number of days worked by contractor in March. 19 number of days Gilbane staff provided onsite oversight in March. Collected: Gilbane Building Company 1 1798 Technology Dr., Suite 120 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 Construction photos. Conducted: 4 Weekly update meetings with golf course operations. 2 activity specific meeting (substantial completion and final inspection restoration planting, maintenance) Testing: 1 inspection/test was undertaken during the reporting period. Prepared: 1 final inspection restoration planting punch walk notes 1 substantial completion punch wallk notes Tracking: 0 Preliminary Notices Narrative: Processed 3 change orders. Developed .a rolling completion log to track punch list adjustments. Sincerely, 6Ceim bck Glenn Rock Senior Project Manager Gilbane Building Company 1 1798 Technology Dr., Suite 1210 1 San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax: 408-660-4402 February 20, 2014 ATTACHME=INT 5 City Hall 10300 Torre Avenue Cupertino, CA 95014-3255 408) 777-3354 FAX; (40 8) 777-3333 PUBLIC WORKS DEPARTMENT Timm Borden, Director of Public Works Rodney Elgie Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 ADDITIONAL SERVICE DIRECTIVE - No. 2 for c5tevens Creek Corridor Park & Restoration Phase 2 Project Dear Rodney; This ASD No. 2 authorizes Gilbane Building Company to proceed with providing additional staffing services needed due to the extended construction period, This money is for Gilbane staffing the project. It is further understood and agreed that the Gilbane's maximum not to exceed amount for this ASD is .$ 17,711. The NTE fee shall include all associated reimbursable expenses and markups. Please invoice the City separately for this work and attach an executed copy of this ASD to each invoice. Amount of Additional Service Allowance in the Agreement $20,000 ASD No. 1 Additional Testing and Environmental "ervices by Subconsultants $2,289 ASD No. 2 Additional Staffing Time due to Extended Construction Period $17,711 Total Additional Services Authorized to Date $20,000 Balance Remaining in Additional Services Sincerely, Carmen Lynaugh Public Works Project Manager 0 ATTACHMENT 6 March 20, 2014 Gilbane Building Company Attention: Rod'Elgie 1798 Technology Drive, Suite 120 San Jose, CA 95110 G 'I1-31"ANEZ BLDG Re: Service Order 3 to the original agreement for consultant services 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, Andrea Sanders Senior Office Assistant City Clerk's Office: Enclosure cc: Public Works CITY OF CUPERTINO SERVICE (01)RDER FOR GILBANE BUILDING COMPANY CONSULTANT SERN4CES AGRE, EMENT Servi'lt 0 "d6,r.. wwnk 11*1'11`11,1 For: i3ilbane Building Company Cotisultant. Services Agreement for Construction Management on Va'rious Projects N! NSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $ 1.,134.,000 Term: March 31, 2015. Approval by: City' Council Item Nurnber: 12 Date: July 16, 2013 Consultant: Gilbane Building Company 1.798. Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 PROJEC-r DESCRIPTION Project.Name: Stevens Creek Corridor 'ark & Restoration Phase 2 Description: Gilb ane to provide staff for extended construction period, additional Task 3 Construction Phase work CITY PROJECT INIfANAGEMENT 1\11 paging Department: Publie'Wofl(s Protect Manao-e_T: Gail Seeds0j0 FISCAL/BUDGET Agreement Maximum Compensation: $ 1,13.4/000 Original Encumbrance: $805,500 ENCUIMBER:: Fund: 580-9137-9300 Consultant Comp, S0#1 MADP-. $6,000 ENCUMBER: Funds: 580-9137-9300 Comsultant Cqmp, SO#2 1\/IADP: $5,000 Previously Encumbered:: $816,500 r. Current unencumbered amount in Agreen.i.erit: $317,500 ENCUMBER Funds0277913449301 ons t' _0 C Total enewnbered to date: $836,500 Reina"mili,a-,tiiie.iie-a.inbered. b -i Agreement: 29.7.500 City of Cupertino Service Order # 3 Cilbane Building Company Page 1 of 2. CITY OF CUPERTINO SERVICE ORDER FOR G11,13ANIP COMPANY CONSULTANT SERV110ES AGREEMENT Contract Manager:. L_7 1 Date: APPROVALS Consultant: Director of Public Worl&_ __ Date: Agreement P.O.. No.: 00058169 Service Order Encumbrance Amount $210,000 Service Order Account for Encumbrance: 427-9134-9300 City of.Cupertino Service Order # 3 Gilbane Building Company -Page 2 of 2 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT l 7 Service V, For: Gilbane Building Company Consultant Services Agreement for ConstructionManagementonVariousProjects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $1,134,000 Term: March 31, 2015 Approval by: _City Council Item Number: 12 Date: July 16, 2013 Consultant: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 PROJECT DFSCRIPTION Project Narne: Stevens r korridororPark.&, Restoration Phase 2 Description: Gilbane .to provide staff for extended construction period, additional'I'ask 3 Construction Phase work CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Gail Seeds FISCAL/BUDGET Agreement Maximum Compensation: 1,134,000 Original. Encumbrance: 805,500 ENCUMBER: Fund: 580-9137-9300 Consultant Comp, S0#1 MADP: 6,000 ENCUMBER: Funds: 580-9137-9300 !Consu.ltailt Comp, SO#2 MADP: 5,000 Previously Encumbered: 816,500 Current unencumbered air ount in Ag:ceement: 317,500 ENCUMBER: Funds: 4279134_ 0390Consu1tant.Comp,,SO#3 SCCPI= 20000 Total enctunbered to date: 836,500 Remaining unencumbered in Agreement: 297,500 City of Cupertino Service Order # 3GilbaneBuildingCompanyPage1of2 Contract APPROVALS CITY OF CUPERTINO SERVICE ORDER FOR GILI3AN:E 13UILDTNG COMPANY CONSULTANT SERVICES AGREEMENT ate: ? - Y - Zo Consultant: Date: Director of Public Works _ Date: Agreement P.O. No.: 00058169 Service Order Encumbrance Amount: $ 20,000 Service Order Account for Encumbrance: 427-9134-9300 City of Cupertino Service Order # 3 Gilbane Building Company Page 2 of 2 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT S Order_# -2 - For: Gilbane Building Company Consultant Services Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $1,134,000 Term: March 31, 2015 Approval by: City Cou dI Item Number: 12 Date: July 16, 2013 o ultant: Gilbane Building Company f ,( 1798 Ted -urology Drive, ,lune 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-4428 PROJECT DESCRIPTION Project Name: Mary Avenue Dog Park Description: Gilbane to provide staff for extended construction period, additional Task 3 Construction Phase work CITY PROJECT MANACEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh FISCALIBUDGET Agreement Maximum Compensation: $ 1,134,000 Original Encumbrance: $ 805,500 ENCUMBER: Fund: 580--91.37-9300 Consultant Comp, S091 MHDP: $ 6,000 Previously Encumbered: $ 811,500 Current unencumbered amount in Agreement: $ 322,500 ENCUMBER: Fundsy_$0-9137-9300 coiasultant_Comp,-SO#2.1VIADP $.5;000_ -- , Total encumbered to date: $ 816,500 Remaining unencumbered in Agreement: $ 317,500 City of Cupertino Service Order a 2 Gilbane Building Company Page 1 of .2 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT Contract Mana APPROVALS Consultant: Date: Director of Public Works. ;— Date: Agreement P.O. No.: 00058169 Service Order Encumbrance Amount: $ 3,000 Service Order Account for Encumbrance: 580-9137-9300 V7-01 City of Cupertino Service Order # 2 Gilbane Building Company Page 2 of 2 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT Service Order #1 For: Gilbane Building Company Consultant Seriviices Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $1,].34,000 Term: March 31, 2015 Approval by,: _City Council Item Nuwriber: 12 Consultant: Gilbane Building Company 1798 Technology Drive, Suite -120 San Jose, CA 951.10 Date: July 16, 2013 Contact: Rod. Elgie Phone: 408-660-4428 PROJECT DESCRIPTION Project Name: Project No I Mary Ave we Dog Park Description: Construction Management on the Mary Ave. Dog Park Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh FISCAL/BUDGET Agreement Maximum Compensation: $1,134,000 Previously Encumbered: $ 805,500 Current unencumbered amount in. Agreement: $ 328,500 ENCUMBER: Funds from account: 580-9137-9300: $ 6,000 Total to date: $ 809,500 Ngreement Balance: $ 322,500 City of Cupertino Service Order # 1 Gilbane Building Company Page 1 of 2 CITY OF CUPERTINO SERVICE ORDER FOR Gl_LBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT APPROVALS Consultant: Date. Director of Public Works _ Date: l L Agreement P.O. No.: 00058169 Service Order Encumbrance Amount: $6,000 Service Order Account for Encumbrance: 580-9137-9300 City of Cupertino Service Order # 1 Gilbane Building Company Page of 2 CITY OF CUPIERTINO ATTACHMENT A SERVICE ORDER #1 CONSULTANT SERVICES FOR CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS INTRODUCTION Service Order 1 under a Consultant Services Agreement for Construction Management on Various Projects dated. February 26, 2013, between the City of Cupertino ("CITY") and Gilbane Building company ("CONSULTANT"), a California corporation. Attachment "A", to Service Order No. 1 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for additional work for Project No. 3 Mary Avenue Dog Park in the above referenced agreement. ITEM A: DESCRIPTION OF PROJECT ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: ADDITIONAL WORK FOR PROJECT DESCRIPTION A-1 DESCRIPTION Testing and inspection by subconsultant for construction phase of project. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of. this Services Order: CONSULTANT: Gilbane Building Company CITY: The Department of Public Works Glenn Rock Carmen Lyanugh 1,798 Technology Drive, Suite 120 San Jose, CA 95110 10300 Torre Avenue Cupertino, CA 95014 408-609-0424 408-777-32]5 GRock@gilbaneco.com carmerd@cupertino.org City of Cupertino Service Order lit -Attachment A Gilbane Building Company Pagel of 2 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER #1 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 5.0 Allowance for Testing and Inspection by Subconsultant ITEM C DELIVERABLES The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 5.0 Test and inspection results will be submitted at end of project. ITEM D SCHEDULE OF PERFORMANCE All work under this Service Order shall be completed during construction of'the project when work is complete and ready for testing and inspecting. DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 5.0 Upon completion of the project Gilbane shall. deliver testing and inspection results with closeout documents. ITEM E COMPENSATION A. Base Compensation Compensation for Task of ITEM B is based on the actual subconsultants billing, for the work. The maximum compensation for this Service Order shall not exceed SIX THOUSAND DOLLARS ($ 6,000.00). Any work for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall beat no cost to CITY. B. Reimbursable Expenses Defined in each Service Order as to type and amount) END OF AITACTIMENT City of Cupertino Gilbane Building Company Service Order #1 -Attachment A Page 2 of 2 CITY OF CUPERTINO Construction Manageme`it on Various Projects ADDITIONAL OR RED UCSD ENCUMBERANCE NO. 2 October 16, 2013 Contractor: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 The following change is hereby approved and request for reduced encumbrance: 2A Reduce Encumbrance for the Annual Pavement Maint. Phase 1 &2 but keep Contract Amount unchanged_ Total Reduced Encumbrance No. 2 Total Project Encumbrance: Original Contract $125,000.00 Additional Encumbrance No. 1 $1,009;000.00 Revised Contract $19134,000.00 ORIGINAL P.O. NUMBER: 00058169 ACCOUNT NUMBERS & AMOUNTS: SCCP Phase 2 - 427-9134-9300 - $348,000 McClellan Ranch EEC & BSS - 420-9133-9300 - $263,500 Mary Ave. Dog Park - 580-9137-9300 - $25,000 Monta Vista Storm Drain - 215-9620-9300 - $75,000 Quinlan Center Interior Upgrade - 580-9255-9300 - $24,000 Sports Center Projects - Sports Court - 580-9151-9300 $30,000 Sports Center Projects - Retaining Wall - 420-9152-9300 - $40,000 328,500.00 328,500.00 Annual Pavemt. Maint. Phase 1 - 270-8404-9325 -$126,000 Reduce Encumbrance Annual Pavemt. Maint. Phase 2 - 270-8404-9325 .- `52029500 Reduce Encumbrance APPROVED BY: itnn Borren, P. E. Director of Public Works Date 1 .0 j (' / )-; FIRST AMENDMENT TO AGREEMENT 13 ETWEEN THE CITY OF CUPERTINO AND GILBANE BUILDING COMPANY FOR CONSULTANT SERVICES FOR p CONSTRUCTION MANAGEMENT ON VARIOUS PROJECTS This First Amendment to the Agreement between the City of Cupertino and Gilbane Building Company, for reference dated July 17, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY') and Gilbane Building Company, a California corporation whose address is 1798 Technology Drive, Suite 120, San Jose, Ca 95110, (hereinafter "CONSULTANT OR CM"), and is made with reference to the following: RECITALS: A. On February -26 - 6, 2013, an agreement was entered into by and between CITY and Gilbane Building Company (hereinafter "Agreement"). B. CITY and Gilbane Building Company desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1. Term of the Agreement is modified to read as follows: The term of this Agreement shall commence on the date this agreement was executed and shall terminate on March 31, 2015 unless terminated earlier as set forth herein. 2. Paragraph 4. Compensation to CONSULTANT of the Agreement is modified to read as follows: The maximum compensation to be paid to under this agreement shall not exceed ONE MILLION 011E HUNDRED THIRTY FOUR THOUSAND DOLLARS ($ 1,134,000). The rate of payment is set out in Exhibit C - 1, titled "Compensation', whch is attached hereto and incorporated herein. CONSULTANT shall furnish to CITY a detailed statement of the work performed for compensation during the term of this Agreement. CONSULTANT may submit monthly invoices for interim progress payments during the course of each phase, clearly stating at a minimum the total Contract amount, amount paid to date, percent complete and amount due. Page ^l of 3 First Amendment 3. The following exhibits to the agreement are amended and replaced to read as shown in the attachments to this amendment: Exhibit A - Scope of Services Exhibit B - Schedule of Performance Exhibit C - Compensation Exhibit C - 1 - Consultant Hourly Rates for Additional Services 4. CONSULTANT agrees to comply with all applicable requirements described in Exhibit D, attached and incorporated by reference. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 2 of 3 First Amendment IN WITNESS WHEREOF, the parties hereto have caused this modification of egreement to be executed. Gilbane Building ComPany By Title Date d/ SCCP Phase 2 - CITY OF CUPERTINO A Munic' Corporation By Iel City Manager, David Brandt APPROVED AS TO FORM: 4L401 2 By MCity Attorney, Carol Koraie ATTEST: By City Clerk, Grace Schmidt Contract Amount: $ 1,134,000 Account Nos. : McClellan Ranch EEC & BSS - Mary Ave. Dog Park - Monta Vista Storm Drain - Quinlan Center Interior Upgrade - Sports Center Projects — Sports Court Sports Center Projects - Retaining Wall Annual Pavemt. Maint. Phase I - Annual Pavemt. Maint. Phase 2 -- Page 3 of 3 First Amendment 427-9134-9300 - $ 348,000 420-9133-9300 - $ 263,500 580-9137-9300 - $ 25,000 215-9620-9300 - $ 75,000 580-9255-9300 — $ 24,000 580-9151-9300 - $ 30,000 420-9152-9300 - $ 40,000 270-8404-9325 - $ 126,000 270-8404-9325 - $ 202,500 3z -- EXHIBIT A SCOPE OF SERVICES CONSULTANT (CM) shall perform professional construction management services as detailed in the following sections related to various construction projects in Cupertino. SECTION 1. GENERAL A. General PROJECT Description: The PROJECT involves providing pre -construction, bid phase, construction phase and post construction phase contract management services. Services may include but are not limited to utility coordination; constructability/bid ability review of the plans and specifications; cost analysis; and other pre -construction work, bid phase, construction phase and post construction phase services on various CITY construction projects. The projects include: 1) Stevens Creek Corridor Park & Restoration - Phase 2, 2) McClellan Ranch Environmental Education Center and Blacksmith Shop Relocation, 3) Mary Avenue Dog Park, 4) Monta Vista Storm Drain, 5).Quinlan Center Interior Upgrade, 6) Sports Center Projects, 7) Annual Pavement Maintenance Program Phase 1, 8) Annual Pavement Maintenance Program Phase 2. The CITY has the option to add the following projects at a later time; Library - Book Drop-off Shade Canopy and Linda Vista Pond Repair projects. B. Individual Project Descriptions: 1. Stevens Creek Corridor Park & Restoration - Phase 2 project is located on Stevens Creek south of Stevens Creek Boulevard and north Blackberry Farm picnic area, project consists of demolition; clearing; tree removal; earthwork; grading, creek dewatering; construction of a modified creek channel between Blackberry Farm Park and Stevens Creek Blvd.; construction of concrete bridge abutments and installation of steel pedestrian bridge; installation of a pervious concrete trail, utilities modifications; planting; compliance with regulatory requirements; and related elements. 2. McClellan Ranch Environmental Education Center and Blacksmith Shop Relocation Projects is located at 22221 McClellan Road, project consists of the of constructing a building that will be approx. 2,100 square feet; the building will also include approx. 1,100 square feet of covered outdoor area. The building will contain 2 class rooms, restroom, resource room and office space with other space for storage and operational area. The project also includes the relocation of the existing Blacksmith Shop and the accessible upgrade to the existing park restrooms. There will also be some site work for accessibility improvements and access. The estimated construction contract to be approximately $1,100,000. 3. Mary Avenue Dog Park project is located on the west side of Mary Avenue north of Stevens Creek Boulevard and will consist of two phases. The first phase is the soil remediation phase where the site will be remediated of lead -contaminated soil. The second phase will develop a dog park that will be approximately 22,000 square -feet Gilbane Building Company Agreement Page 1 of 34 Exhibits - Amendment No. 1 and be split into a large and a small dog; area with fencing and other amenities and potentially landscaping. The estimated construction contract to be approximately 120,000. 4. Morita Vista Storm Drain project consists of the installation of a main storm drain on Orange and Byrne Avenues and will include the installation of drop inlets and asphalt swales for drainage in a mostly unimproved area of Cupertino. The estimated construction contract to be approximately $ 530,000. 5. Quinlan Center Interior Upgrades project is located at 10185 N. Stelling road. Project consists of replacement of furniture and interior color schemes and some circulation changes. The estimated construction contract to be approximately $ 225,000. 6. Sports Center is located at 21111 Stevens Creek Boulevard. Project consists of the replacement of an existing failing retaining wall along some tennis courts and a private development. The work also includes the installation of a sports court on an area that contained a swimming pool that has been filled in with dirt. The work may also include the resurfacing of some existing tennis courts. The estimated construction contract to be approximately $165,000 for the retaining wall and $ 180,000 for the sports court. 7. Annual Pavement Maintenance Program Phase 1 project consists of the removal/replacement of failed asphalt, overlay of various streets and mill/fill of various streets. There will also be crack: filling on collector streets. Work on arterial streets and significant intersections shall be completed at night. The estimated construction contract to be approximately $ 1,400,000. 8. Annual Pavement Maintenance Program Phase 2 project consist of the placement of rubberized asphalt on Stevens Creek Blvd. from Hwy 85 to DeAnza Blvd. Also included the placement of rubberized cape seal on collectors and conventional Type III chip on rural roads and conventional cape seal on various residential streets and Type 11 slurry on various residential streets. Work on Stevens Creek Blvd. shall be night work. The estimated construction contract to be approximately $ 2,250,000. C. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof, including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. CONSULTANT shall be responsible for coordinating the work of all consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all PROJECT meetings during the execution of this agreement under the scope of work. All minutes of meetings are due to the CITY within five (5) working days after the meeting. CONSULTANT shall pr-Dvide copies of such documentation to the CITY, and as directed by the CITY, to other appropriate agencies and entities. Gilbane Building Company Agreement Exhibits - Amendment No. 1 Page 2 of 34 3. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. CONSULTANT shall not substitute any team members without the prior approval of the CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members. 4. CONSULTANT shall manage its SLBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable information, and communicate with. members of the PROJECT team. 5. CONSULTANT shall meet weekly with CITY's assigned project manager for the respective construction projects to provide an update on the current status of the construction project. CM will provide the CITY's assigned project manager with a summary report. 6. CONSULTANT and CONSULTANT's subconsultants and subcontractors shall comply with applicable requirements of City's Applicant -State Agreement No. 04-20-035 Environmental Enhancement and Mitigation EEM) Program for the Stevens Creek Corridor Park & Restoration - Phase 2 project. A copy of the agreement marked Exhibit D is attached hereto and incorporated herein by reference. D. CONSULTANT shall effectively manage the assigned construction projects for the efficient, progressive, and proactive delivery of each construction project. For each assigned construction project, the CONSULTANT may provide any or all of the following tasks and subtasks under Section 2, as each specific project requires. Gilbane Building Company Agreement Page 3 of 34 Exhibits - Amendment No. 1 SECTION 2. TASKS Task 1- Pre -Construction Phase - work shall inchAde but is not limited to the following: 1. Conduct a constructability review of the construction documents (50%, 95% and 100%) for the various projects. Provide a written report with recommendations for changes. 2. Cost Estimate review and value engineering for various projects. Provide a written report with recommendations. 3. Utility coordination for projects. Work shall include a survey of existing utilities, the development of utility service plan for new and existing structures, coordinating with consultant preparing the project plans and making application to the utility companies for service. 4. Assist with the building permit approval process. Work shall include but is not limited to coordinating with design consultant and building department to receive an approved building permit. 5. Assist with the review and approval process for other permits and regulatory requirements. Work shall include but is not limited to coordinating with design consultant, city staff, and regulatory agencies to apply for and secure approved permits and authorizations as needed. 6. Assist with the development and conducting of public outreach programs to assist in providing public information regarding project. 7. Assist with grant administration during the project. Task 2 - Bid Phase - work shall include but is not limited to the following: 1. Conduct a pre-bid Conference with prospective Bidders. 2. Assist with the issuing of Addendums. 3. Assist in the development of bidders' interest in a project. 4. Review bid documents and assist the CITY in evaluation of bidders Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary. 5. Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award. 6. Assist in review and processing of substitution submittals during bid and construction phase. Gilbane Building Company Agreement Exhibits - Amendment No. 1 Page 4 of 34 Task 3 — Construction Phase — work shall include but is not limited to the following: 1. Administration and Coordination of Construction Contract: CM will provide administrative, construction management and related services necessary to administer the Construction Contract on each assigned project. CM's services shall include but are not limited to the following: a. Scheduling, coordinating and conducting pre -construction and construction meetings; recording, maintaining and distributing minutes thereof. b. Prior to start of project construction the CM and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/or electronic. CM will make recommendations on programs to be used for tracking and other record keeping needs. c. Develop and implement a procedure for the submittal and processing of submittals with the design consultant. This shall include preparing and updating logs. Provide preliminary review for completeness and general compliance of submittals that are to be reviewed by the design consultant. Provide review and response for submittals that do not involve the design consultant (such as Safety Plan, Fire :Protection Plan). Sign and date such submittals with response: Reviewed or Revise and Resubmit. d. Develop and implement a procedure for the submittal and processing of substitution requests with the CITY and the design consultant. This shall include preparing and updating logs. e. Develop and implement a procedure for timely handling and disposition of the Contractor's request for information (RFI) or clarifications with the design consultant. This shall include preparing and updating logs. f. Establish and implement procedures for the timely transmittal and receipt of communications, drawing and other information between CM, design consultant and the Contractor relating to construction of the project. g. Develop and implement a procedure for the timely submittal, processing and tracking of Contract Change Orders (CCO), Request for Price Quote (RPQ), etc. with the CITY. This shall include preparing and updating logs. h. Coordinate and maintain a project directory for the project, with emergency contact information. i. Review the Contractor's comprehensive schedule that establishes a base line and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Review the Contractor's three week look ahead schedule. Verify that schedules conform to the construction contract documents. Gilbane Building Company Agreement Exhibits - Amendment No. 1 Page 5 of 34 j. Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to minimize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials. 2. Monitoring of construction costs and progress payments, CM services shall include but are not limited to the following: Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY's accounting needs. CM shall maintain records reflecting the actual costs for activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CM shall monitor and advise the CITY of costs pertaining to potential, pending and completed changes; and potential or pending claims. b. Develop a procedure for submittal, review and processing of the progress payments to Contractor, along with associated forms and reporting systems. CM shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CM will verify that the "as built" check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CM will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CM will certify that the data in each application for progress payment is to the best of CM's knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CM's review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring; interest liability or other penalties/liabilities. CM shall also verify the progress payment satisfies any grant requirement. 3. Substantial completion and final completion., CM services shall include but are not limited to the following: a. Consult with the design consultants and CITY to jointly ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has riot been achieved, the CM will assist the design consultant in noting the conditions of the work and the measures necessary for the Contractor to achieve substantial completion. Upon determining that the Contractor has achieved substantial completion the CM will coordinate the CITY's and design consultant's final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion. Gilbane Building Company Agreement Page 6 of 34 Exhibits - Amendment No. 1 b. Assist the CITY in issuing a certificate of substantial completion and final completion, as applicable. 4. Progress Records, CM services shall include but are not limited to the following: a. Maintain records of the progress of construction of the project, including written progress reports and photographs reflecting the status of construction and percentage completion of the project. CM will maintain daily records during construction of the project showing weather conditions, personnel of the Contractor and Subcontractor at the site, work accomplished, problems encountered and other matters materially affecting the project, completion of the project or construction cost to complete construction of the project. CM shall maintain project records for test results and special inspection results. b. Provide monthly progress reports on the project. 5. Site observations of project, CM services shall include but are not limited to the following: a. CM shall be on-site during construction of the project and substantially at all times during which there are construction activities at the site. CITY and CM may agree to the amount of time required to be at the site for observation, however this does not relieve the C]V[ from the requirement of having knowledge of the status of the work. b. Coordinate testing, lab services and inspections, this includes by outside firms. CM will work with the Building Department for permit inspections coordination and final approvals of permit. Provide testing and test results by testing firm acceptable to CITY. Such testing services shall be a reimbursable expense as described in Task 5. c. Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, building permit, SWPPP and associated testing or monitoring documentation, other permits, applicable codes, rules and. regulation and other written or electronic materials relating to the project. d. CM will endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents. e. CM shall reject work whenever in the ordinary course of discharging its services the CM discovers or observes patent conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project's life -safety systems or operations, structural elements or integrity of Gilbane Building Company Agreement Page 7 of 34 Exhibits - Amendment No. 1 the safety of persons or property. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CM's responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature. f. Review the Contactor safety program and the requirements of the construction documents and applicable law. CM shall monitor the Contractor's compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor's compliance. By undertaking the obligation hereunder, CM shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CM is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program. g. CM shall promptly notify the CITY in writing of all CM observed instances of Contractor's failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CM observes a safety violation or other unsafe condition on or about the site or surrounding area which have a immediate or potential or actual adverse effect on life or property, the CM is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CM under the then existing circumstances to prevent such actual or potential adverse effect. h. CM shall become familiar with all (-EQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the construction site. CM shall be responsible for monitoring all aspects of the project as it relates to the requirements. CM shall monitor the Contractor's compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements. 6. Contract Change Order (CCO) processing, CM services shall include but are not limited to the following: a. Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. (-:M will coordinate the Contractor's performance of changes authorized by the CITY. CM shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project. Gilbane Building Company Agreement Page 8 of 34 Exhibits - Amendment No. 1 b. Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CM will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor's proposal relative to the changes. If a change to the construction contract is approved or authorized by the CITY, CM will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CM is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CM shall be liable to the CITY for all direct and consequential costs, losses or damage resulting from the CM's direction or authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY. 7. Claims handling, CM service shall include but are not limited to the following: a. Assist the design consultant in the review, evaluation and processing of claims asserted by the Contractor; CM will make recommendations to the CITY as to merit, handling and disposition of Contractor's claims. Except in the event that the CM is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CM to prepare documentation or provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CM is alleged to have caused or contributed to a Contractor claim, the CM's claims handling services, including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CM's basic services under this agreement. 8. CM equipment, CM shall provide the following equipment necessary to carry out CM duties: a. Provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, trailer, computers, related hardware, software, vehicles, cell phones, office equipment and copiers. Task 4 — Post -Construction Phase — work shall include but is not limited to the following: 1. Contractor closeout document review, CM services shall include but are not limited to the following: Gilbane Building Company Agreement Page 9 of 34 Exhibits - Amendment No. 1 a. Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CM shall review each Contractor's closeout submitatals to determine conformity with the requirements of the Construction Contract. If the CM determines that any Contractor's closeout submittals are not in conformity with requirements of the construction contract, the CM shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CM shall deliver to the CITY all of the Contractor's closeout submittals, including the Contractor's as -build drawings which the CM shall transmit to the design consultant for preparation of the record drawings. The CM shall monitor the design consultant's preparation and completion of the project record drawings prior to delivering to the CITY. b. Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CM shall assemble and deliver to the CITY all of the records maintained by the CM relating to the project. Task 5 - Allowance for Testing and Inspections) y Subconsultant CM shall engage the necessary subconsultants to perform the necessary testing and inspection as required for the project. This is the only reimbursable expense that will be allowed in the agreement. CM shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project. Compensation to the CM for testing and inspections by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CM shall bill monthly for actual testing and inspections completed. CM shall attach copies of subconsultants' invoice for verification of cost being billed. Task 6 - Additional Services 3. Services provided by CM that are different from or in addition to those described herein are being included in the scope of Basic Services are referred to as "Additional Services". No Additional Services shall be performed without the prior written authorization of the CITY. No compensation shall be due from the CITY to the CM for any Additional Services provided or performed by the CM without the prior written authorization of the CITY. 4. Compensation to the CM for Additional Services directed and authorized by the CITY shall be on the basis of either: 1) actual and reasonable time of the CM's personnel necessary to complete the authorized Additional Service computed in accordance with the Rate Schedule attached to this Agreement; or 2) a fixed price mutually agreed upon by the CITY and the CM. The forgoing notwithstanding, if Additional Services Gilbane Building Company Agreement Page 10 of 34 Exhibits - Amendment No. 1 authorized by the CITY result from the neglect of CM or CM's default under this Agreement, CM shall complete Additional `services at no cost to the CITY. Gilbane Building Company Agreement Exhibits - Amendment No. 1 Page 11 of 34 EXHIBT'f B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by March 31, 2015. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any date set in this Exhibit. PROJECT No. 1: Stevens Creek Corridor Park & Restoration Phase 2 Task #1: Pre -Construction Phase: NIC NIC Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Exhibits - Amendment No. 1 Page 12 of 34 PROJECT No. 2: McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation Task #1: Pre -Construction Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 13 of 34 Exhibits - Amendment No. 1 PROJECT No. 3: Mary Avenue Dog Park Task #1: Pre -Construction Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: NIC NIC Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 14 of 34 Exhibits - Amendment No. 1 PROJECT No. 4: Monta Vista Storm Drain Task #1: Pre -Construction Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 15 of 34 Exhibits - Amendment No. 1 PROJECT No. 5: Quinlan Center Interior Upgrades Task #1: Pre -Construction Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: NIC NIC Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 16 of 34 Exhibits - Amendment No. 1 PROJECT No. 6: Sports Center Projects Task #1: Pre -Construction Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: Upon City sending Advertisement for Bid to Contractors Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 17 of 34 Exhibits - Amendment No. 1 PROJECT No. 7: Annual Pavement Maintenance Program Phase 1 Task #1: Pre -Construction Phase: NIC NIC Task#2 Bid Phase: NIC NIC Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 18 of 34 Exhibits - Amendment No. 1 PROJECT No. 8: Annual Pavement Maintenance Program Phase 2 Task #1: Pre -Construction Phase: NIC NIC Task#2 Bid Phase: NIC NIC Task #3: Construction Phase: Upon City sending Notice to Proceed NTP) to Contractor Task #4: Post -Construction Phase: Upon City issuance of Notice of Final Completion Task #5: Allowance for Testing and Inspection by Subconsultant: As required by Construction Progress Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 19 of 34 Exhibits - Amendment No. 1 EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, additional services and reimbursable expenses, shall not exceed ONE MILLION ONE HUNDRED THIRTY FOUR THOUSAND DOLLARS ($ 1,134,000). CONSULTANT agrees that it shall perform all of the services set forth in EXHIBIT A of this AGREEMENT, except for additional services required pursuant to Section 2, Task No. 6 and inclusive of reimbursable expenses, for the lump -sam amount of ONE MILLION ONE HUNDRED FOURTEEN THOUSAND DOLLARS ($ 1,114,000). The maximum amount of Additional Services are authorized under Section F of this EXHIBIT C is TWENTY THOUSAND DOLLARS ($ 20,000). B. Method of Payment For Task Nos. 1 through 6 CONSULTANT shall, during the term of this AGREEMENT, invoice the CITY monthly based upon a percentage of completion of each task set forth below in the Payment Schedule for services performed, and reimbursable expenses incurred if applicable, in completing that task under this AGREEMENT (HE,reinafter "Invoice"). Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of the task completed, and it shall describe the work completed during the Invoice period in accordance with the Payment Schedule set forth below. The Invoice shall be broken out per project: as listed on the Payment Schedule. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Payment Schedule set forth below. CONSULTANT also shall include supporting documents to verify completed work and for any reimbursable expenses. The Invoice shall include sufficient detail to satisfy grant requirements, funding agreements and financial audits. The Invoice shall also show the total to be paid for the Invoice period. Gilbane Building Company Agreement Page 20 of 34 Exhibits - Amendment No. 1 C. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: PROJECT No. 1: Stevens Creek Corridor Park. & Restoration Phase 2 Task Description Task #1: Pre -Construction Phase - NIC Task #2: Bid Phase Task #3: Construction Phase Task #4: Post -Construction Phase Task #5: Allowances for Testing and Inspection by Subconsultant Task #6: Additional Services Task Compensation NIC 5,000 279,000 26,000 18,000 20,000 TOTAL $ 348,000 PROJECT No. 2: McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation Task Description Task #1: Pre -Construction Phase Task #2: Bid Phase Task #3: Construction Phase Task #4: Post -Construction Phase Task #5: Allowances for Testing and Inspections by Subconsultant Task#6: Additional Services Gilbane Building Company Agreement Exhibits - Amendment No. 1 Task Compensation 10,000 15,000 165,000 30,000 43,500 0 TOTAL $ 263,500 Page 21 of 34 PROJECT No. 3: Mary Avenue Dog Park Task Task Description Compensation Task #1: Pre -Construction Phase 1,000 Task #2: Bid Phase 1,000 Task #3: Construction Phase 20,000 Task #4: Post -Construction Phase 3,000 Task 5: Allowances for Testing and Inspections by Subconsultant NIC NIC Task#6: Additional Services 0 TOTAL 25,000 PROJECT No. 4: Monta Vista Storm Drain Task Task Description Compensation Task #1: Pre -Construction Phase 1,000 Task #2: Bid Phase 1,000 Task #3: Construction Phase 54,000 Task #4: Post -Construction Phase 4,000 Task 5: Allowances for Testing and Inspections by Subconsultant 15,000 Task#6: Additional Services 0 TOTAL 75,000 PROJECT No. 5: Quinlan Center Interior Upgrade Task Task Description Compensation Task #1: Pre -Construction Phase $ 1,000 Task #2: Bid Phase $1,000 Task #3: Construction Phase $ 19,000 Task #4: Post -Construction Phase $ 3,000 Task 5: Allowances for Testing and Inspections by Subconsultant NIC NIC Task#6: Additional Services $ 0 TOTAL $ 24,000 Gilbane Building Company Agreement Page 22 of 34 Exhibits - Amendment No. 1 PROJECT No. 6: Sports Center Projects Task Description Task Compensation Task #1: Pre -Construction Phase $ 1,000 Task #2: Bid Phase $ 1,000 Task #3: Construction Phase $ 45,000 Task #4: Post -Construction Phase $ 3,000 Task 5: Allowances for Testing and Inspections by Subconsultant $ 20,000 Task#6: Additional Services $ 0 TOTAL $ 70,000 PROJECT No. 7: Annual Pavement Management Program Phase 1 Task Task Description Compensation Task #1: Pre -Construction Phase NIC NIC Task #2: Bid Phase NIC NIC Task #3: Construction Phase 81,000 Task #4: Post -Construction Phase 3,000 Task #5: Allowances for Testing and Inspections by Subconsultant 42,000 Task#6: Additional Services 0 TOTAL 126,000 PROJECT No. 8: Annual Pavement Management Program Phase 2 Task Description Task #1: Pre -Construction Phase NIC Task #2: Bid Phase NIC Task #3: Construction Phase Task #4: Post -Construction Phase Task #5: Allowances for Testing and Inspections by Subconsultant Task#6: Additional Services TOTAL Gilbane Building Company Agreement Exhibits - Amendment No. 1 Task Compensation NIC NIC 132,500 3,000 67,000 0 202,500 Page 23 of 34 TOTAL OF PROJECTS: Project No. & Name Total Per Project Compensation Project No. 1: Stevens Creek Corridor Park & Restoration Phase 2 $ 348,000 Project No. 2: McClellan Ranch Environmental Education Center & $ 263,500 Blacksmith Shop Relocation Project No. 3: Mary Avenue Dog Park $ 25,000 Project No. 4: Monta Vista Storm Drain $ 75,000 Project No. 5: Quinlan Center Interior Upgrade $ 24,000 Project No. 6: Sports Center Projects $ 70,000 Project No. 7: Annual Pavement Management Program Phase 1 $126,000 Project No. 8: Annual Pavement Management Program Phase 2 $ 202,500 TOTAL AGREEMENT AMOUNT $1,134,000 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY may approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total AGREEMENT amount does not exceed ONE MILLION ONE HUNDRED THIRTY FOUR THOUSAND DOLLARS ($ 1,134,000). Gilbane Building Company Agreement Exhibits - Amendment No. 1 Page 24 of 34 D. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: Project No. 1: Stevens Creek Corridor Park & Restoration Phase 2 TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase NIC NIC Task #2 - Bid Phase 100% Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant 100% Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 25 of 34 Exhibits - Amendment No. 1 Project No. 2: McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase 100% Task #2 - Bid Phase 100% Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant 100% Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 26 of 34 Exhibits - Amendment No. 1 Project No. 3: Mary Avenue Dog Park TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase 100% Task #2 - Bid Phase 100% Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant NIC NIC Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 27 of 34 Exhibits - Amendment No. 1 Project No. 4: Monta Vista Storm Drain TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase 100% Task #2 - Bid Phase 100% Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant 100% Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 28 of 34 Exhibits - Amendment No. 1 Project No. 5: Quinlan Center Interior Upgrade TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase 100% Task #2 - Bid Phase 100% Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant NIC NIC Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 29 of 34 Exhibits - Amendment No. 1 Project No. 6: Sports Center Projects TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase 100% Task #2 - Bid Phase 100% Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant 100% Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 30 of 34 Exhibits - Amendment No. 1 Project No. 7: Annual Pavement Management Program Phase 1 TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase NIC NIC Task #2 - Bid Phase NIC NIC Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant 100% Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 31 of 34 Exhibits - Amendment No. 1 Project No. 8: Annual Pavement Management Program Phase 2 TASK MILESTONE PERCENT OF TASK COMPENSATION PAIL: UPON COMPLETION OF MILESTONE Task #1 - Pre -Construction Phase NIC NIC Task #2 - Bid Phase NIC NIC Task #3 - Construction Phase a. Substantial Completion 95% b. Final Completion 5% Task #4 - Post Construction Phase a. Construction Documentation Delivered to City 95% b. Final Close out of Project 5% Task #5 - Allowances for Testing and Inspection by Subconsultant 100% Task #6 - Additional Services Paid pursuant to Subsection G below. Gilbane Building Company Agreement Page 32 of 34 Exhibits - Amendment No. 1 D. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PRO EICT is included in the Payment Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services. E. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's maximum compensation, including, but not limited to, any expenses related to CONSUL,TANT's tasks. There are no separate reimbursable expenses for Basic Services performed under any Task of EXHIBIT A. F. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set aside the sum of TWENTY THOUSAND DOLLARS ($ 20,000) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month. In the event Additional Services are authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate schedule attached to this EXHIBIT C -l. The rates shown in the EXHIBIT C-1 shall stay in effect during the full term of the contract. The CITY shall pay Additional Services Invoices as provided in this EXHIBIT C. Gilbane Building Company Agreement Page 33 of 34 Exhibits - Amendment No. 1 EXHIBIT C-1 CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES Gilbane Project Executive 226 Project Manager 170 Superintendent 159 Assistant Superintendent 134 Senior Project Engineer 143 Project Engineer 96 Office Engineer 72 Project Accountant 116 Administrative Assistant 68 Operations Executive/Principal-in-Charge 247 Senior Preconstruction Manager 226 Preconstruction Manager 173 Chief Estimator 196 MEP Estimator 173 CSA Estimator 125 Scheduling Manger 173 Scheduling Engineer 134 Safety Manager 140 Gilbane Building Company Agreement Page 34 of 34 Exhibits - Amendment No. 1 EXHIBIT D - Applicable to Stevens Creek: Corridor & Restoration Phast 2'lq4rg FOR CALTRANS USE: I hereby certify upon my own personal knowledge that budgeted funds are available for this encumbrance. Fry 1A: , E . "7J6 f Accounting Officer Date: `l ldrI ls Chapter Statutes Item Fiscal Program BC Year Category Fund Source 9i 4 ILIC' )UU 101f wi.°#f'' APPLICANT -STATE AGREEMENT NO. 04-20-035 ENVIRONMENTAL ENHANCEMENT AND MITIGATION (EEM) PROGRAM STATE PROJECT NUMBER: EEM -2010 (035) 2010-2011 FISCAL YEAR ALLOCATION Advantage Project ID: 0400021079 THIS AGREEMENT, made effective this December 15. 2011 , by and between the Cily of Cu ertino, hereinafter referred to as "APPLICANT', and the State of California, acting by and through the California Department of Transportation (Caltrans), hereinafter referred to as "STATE." WITNESSETH WHEREAS, as provided by Streets and highways Code Section 164.56, Senate Bill 117 Statutes of 1999, Chapter 739) established the EEM Program as a permanent program, funds have been allocated to APPLICANT by the California Transportation Commission (CTC) after the PROTECT submitted by APPLICANT had been recommended for funding by the Resources Agency; and as described in the application (APPLICATION), WHEREAS, STATE and APPLICANT now desire to enter into an Agreement relative to fund transfers and cost sharing on the described PROJECT. NOW, THEREFORE, the parties agree as follows: ARTICLE I - Project Administration and General Provisions 1. PROJECT shall mean that EEM PROJECT described in the APPLICATION submitted by APPLICANT and summarized in Exhibit A to this Agreement including financing information as set forth in Section III of Exhibit A to this Agreement. Page 1 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek: Corridor & Restoration Phase 2 Only 2. The PROJECT submitted by APPLICANT, together with all conditions and assurances contained therein, and specifically including information on how the PROJECT shall be financed, are made an express part of this Agreement. Should any conflict exist between the APPLICATION and the Agreement, the Agreement shall prevail. 3. APPLICANT shall complete PROJECT, which shall be acquired, developed, designed and constructed as provided in this Agreement. 4. If PROJECT is located on STATE -owned right-of-way, APPLICANT shall comply with all applicable STATE design and construction standards and practices. If PROJECT is not on STATE - owned right-of-way, APPLICANT shall comply with the applicable design and construction standards and practices of the local government having jurisdiction over the PROJECT location. 5 In cases where the CTC approved. funding is less than the amount for which APPLICANT originally applied due to a Budget Reduction on the project required by the State Resources Agency, APPLICANT is obligated to complete PROJECT without downscoping it, unless specifically authorized to do so, in writing, by the State Resources Agency. This will be accomplished by APPLICANT supplementing PROJECT costs with another funding source or by finding a less costly way to complete the PROJECT. 6 The estimated total cost of PROJECT is as shown in Section III of Exhibit A. While APPLICANT may, with the STATE's written approval, award a contract in an amount in exceeding the estimated total PROJECT cost specified in Section 11:I -A of Exhibit A of the Agreement, the allocation of STATE funds for PROJECT will never be greater than the amount specified in Section III -C of Exhibit A of this Agreement. 7 Section III of Exhibit A specifies the APPLICANT's estimated total PROJECT cost, each party's proportionate percentage of those costs and the maximum amount of STATE funds the CTC has authorized for the PROJECT. The STATE's proportionate share of funding is a certain percent of the estimated total PROJECT cost and approved scope of the PROJECT (STATE's PROPORTIONATE SHARE) and will be used as the reimbursement ratio on the project. In the event the actual cost of PROJECT exceeds the estimated total cost of the PROJECT, the STATE shall pay its PROPORTIONATE SHARE of the cost only up to the amount specified in Section III -C of Exhibit A of the Agreement. 8. In the event the PROJECT scope decreases, a decrease in the STATE's PROPORTIONATE SHARE shall be made. In the event the actual cost of PROJECT decreases for any reason from the estimated total PROJECT cost specified in Section III of Exhibit A, the allocation of STATE funds will be decreased proportionately with any decrease in APPLICANT's participating contribution so that the STATE's PROPORTIONATE SHARE of costs relative to TOTAL PROJECT COST remains as specified in Section III -B of Exhibit A of the Agreement. 9. No changes of any kind may be mad: to the PROJECT without prior written notice to and written acceptance by the STATE of the proposed change. The STATE shall acknowledge a written notice of proposed change by either accepting or rejecting the proposed changed in writing. In the event the STATE responds to a proposed change by stating; that the proposed change requires discussion and amendment, such action shall constitute a rejection of the proposed change and any work performed in spite of that rejection shall not be eligible for reimbursement unless and until there is a written, duly executed amendment to this Agreement which addresses that work. Any amendment to this Agreement shall not be effective until executed by both parties. In addition, the parties should take special notice of ARTICLE XII, paragraph 6 of this Agreement. Page 2 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only 10. After completion and acceptance of PROJECT by both APPLICANT and STATE, STATE shall pay STATE's PROPORTIONATE SHARE of the cost of PROJECT to APPLICANT, within sixty (60) days after receipt of a signed invoice for payment submitted by APPLICANT. At the option of APPLICANT, monthly or quarterly pro rata progress payments in arrears may be made on a reimbursement basis upon submittal of invoices by APPLICANT and approval by STATE of the PROJECT costs incurred. Pro rata payments will be based on the amount of the STATE fund transfer authorized herein in proportion to the total cost of PROJECT, including APPLICANT contributions. An invoice format document is included as Exhibit C. 11. If PROJECT involves work anywhere on the State highway system, a separate standard form of encroachment permit between STATE and APPLICANT must be prepared and executed before PROJECT work may commence. 12. APPLICANT shall comply with the requirements of the FAIR EMPLOYMENT PRACTICES ADDENDUM (Exhibit B) and further agrees that any agreement or service contract entered into by APPLICANT with a third party for performance of work connected with the PROJECT shall incorporate Exhibit B as a part of such agreement. 13. Upon completion of all work under this Agreement and prior to the expiration of this Agreement, APPLICANT shall prepare and file with STATE one (1) original Final Project Expenditure Report. The Final Project Expenditure Report mast be submitted with the final invoice on the PROJECT. ARTICLE II - Rights -of -Way 1. The acquisition, clearance, and improvement of rights of way necessary for the development of PROJECT shall be the responsibility of APPLICANT. Right-of-way acquisition and clearance costs may be included as a participating item of total PROJECT costs if included as part of the PROJECT scope of work. 2. APPLICANT shall perform all PROTECT right-of-way activities in accordance with applicable State laws and regulations unless the STATE determines, in writing, that the State Uniform Relocation Assistance and Real Property Acquisition Policies Act (Government Code Secs. 7260-7277) do not apply to PROJECT. 3. APPLICANT, as part of its PROJECT design responsibility, shall identify and locate all utility facilities within the PROJECT area. All utility facilities, including those not relocated or removed in advance of construction, shall be identified on PROJECT plans and specifications. 4. If any existing public and/or private utilities conflict with the construction of PROJECT, APPLICANT will make all necessary arrangements with the owners of such utilities for their protection, relocation, or removal. If utility relocation is required within STATE right-of-way, APPLICANT shall conform to STATE standards, policies and procedures. If utility relocation is outside of STATE right- of-way, APPLICANT shall conform with local government policies. 5. APPLICANT shall certify as to legal and physical control of that PROJECT right-of-way once it is ready for construction and that the PROJECT right-of-way was acquired in accordance with applicable State laws and regulations, subject to review and concurrence by STATE, prior to the advertisement for bids for construction/development of PROJECT. Page 3 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only 6. If right-of-way acquisition and clearance costs are included as a participating item of PROJECT costs, STATE shall provide funds only for purchase of the actual right-of-way required for PROJECT. If APPLICANT acquires right-of-way which includes excess land, STATE will not participate in the cost of the excess portion. In the event land initially acquired as part of PROJECT is declared excess at a later date, APPLICANT shall reimburse STATE, no later than one hundred twenty (120) days after PROJECT completion or upon the subsequent sale of that excess land, for either the pro rata fair market value of that excess at the time of disposal or, if that property is retained by APPLICANT, the pro rata fair market value of the excess land at that time. The pro rata fair market value shall be based on the total of the STATE fund transfer amount applied toward purchase of the property in proportion to the total purchase price ofthe property. ARTICLE I111 - Safety 1. APPLICANT shall comply with OSHA, regulations regarding necessary safety equipment and procedures. If PROJECT work is to be performed within STATE right of way, APPLICANT shall also comply with safety instructions issued by the District Safety Officer and other STATE representatives. APPLICANT's and APPLICANT's personnel shall see that all individuals wear white hard hats and orange safety vests at all times while working within STATE right of way. 2. Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of the PROJECT and are open to public traffic, APPLICANT shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. APPLICANT shall take all reasonably necessary precautions for safe operation of its and its agent's or APPLICANT's vehicles and the protection of the traveling public from injury and damage from such vehicles when performing work within STATE right of way. ARTICLE IV - Inspection of Work 1. APPLICANT and any of its PROJECT subcontractors shall permit STATE to review and inspect PROJECT activities at all reasonable times during the performance period of this Agreement, including review and inspection on a daily basis. Page 4 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek; Corridor & Restoration Phase 2 Only ARTICLE V - Equipment Purchase 1. Prior authorization in writing by STATE shall be required before APPLICANT enters into any non -budgeted purchase order or subcontract exceeding $500 for supplies, equipment, or consultant services. APPLICANT shall provide an evaluation of the necessity or desirability of incurring such costs. 2. For purchase of any item, service or consulting work not identified in APPLICANT's Cost Proposal and exceeding $500, with written prior authorization by STATE, three (3) competitive quotations must be submitted with that request or the absence of bidding must be adequately justified. 3. Any equipment purchased as a result of this Agreement is subject to paragraph 3 of this Article V. APPLICANT shall maintain an inventory of all nonexpendable property, defined as property having a useful life of at least two years and an acquisition cost of $500 or more. If purchased equipment needs replacement and is sold or traded in, STATE shall receive a proper refund or credit. Upon the expiration date of this Agreement, or if this Agreement is terminated, APPLICANT may either keep the equipment and credit STATE in an amount equal to its fair market value or sell such equipment at the best price obtainable, at a public or private sale, in accordance with established STATE procedures, and credit STATE in an amount equal to the sales price. If APPLICANT elects to keep that equipment, fair market value shall be determined, at APPLICANT's expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually agreeable to STATE and APPLICANT. If it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by STATE. ARTICLE VI - Management and Maintenance of Property 1. APPLICANT will operate, manage and maintain into the future all property acquired, developed, rehabilitated, or restored with funds transferred through this Agreement. With STATE's prior approval, APPLICANT or its successors in interest may transfer management and maintenance responsibilities over the property. If the property is riot managed and maintained consistent with the PROJECT APPLICATION, APPLICANT or its successors in interest, at the discretion of STATE and within 45 days after receiving notice to APPLICANT by STATE, shall reimburse STATE an amount at least equal to the amount of STATE's funding participation in PROJECT together with all accrued interest at State Treasurer's pooled money investment account. 2. All real property, or rights thereto, acquired with these funds shall be subject to an appropriate form of restrictive title, or rights, covenants approved by STATE. If the PROJECT real property, or rights thereto, is sold, traded, condemned. or otherwise put to any use other than that use as approved in the Allocation for STATE funds, the State Highway Account, at the discretion of STATE and within 45 days notice to APPLICANT by STATE, shall be reimbursed an amount at least equal to the amount of the STATE's funding participation in PROJECT or the pro rata fair market value of the real property, or rights thereto, including improvements, at the time of sale, whichever is higher. The pro rata fair market value shall be based on the proportions of the fund transfer amount applied toward the purchase of the property, or rights thereto, and the design and construction of improvements in proportion to the total purchase price of the real property, or rights thereto, and the cost of all improvements made prior to the time of sale. Page 5 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only ARTICLE VII - Retention of Records/Audit Review Procedures 1. For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable, and other matters connected with the performance of the Agreement pursuant to Government Code 10532, APPLICANT, its contractors and their subcontractors and STATE shall each maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of this Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for four (4) years from the date of final payment under this Agreement. STATE, the State auditor, the Federal Highway Administration (FHWA), or any duly authorized representative of the Federal government shall have access to any books, records, and documents of APPLICANT that are pertinent to this Agreement for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished by APPLICANT or its contractors, if requested. 2. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not satisfactorily disposed of by agreement shall be reviewed by the Chairperson of the STATE Audit Review Committee (ARC). The ARC will consist of the Assistant Director, Audits & Security (Chairperson); Deputy Director of Transportation Engineering; the Chief Counsel, Legal Division, or their designated alternates; and two representatives appointment by the Director of Transportation from private industry whose role will be advisory in nature only and without voting rights. 3. Not later than 30 days after issuance of the final audit report, APPLICANT may request a review by the ARC of unresolved audit issues. The request for review will be submitted in writing to the Chairperson of the ARC. The request must contain detailed information of the factors involved in the dispute as well as justifications for reversal. A meeting by the ARC will be scheduled if the Chairperson concurs that further review is warranted. After the meeting, the ARC will make recommendations to the Chief Deputy Director. The Chief Deputy Director will make the final decision for STATE within one (1) month following the receipt of the notification of dispute or following the ARC meeting recommendation date, whichever is later in time. 4. Neither the pendency of a dispute nor its consideration by STATE will excuse APPLICANT from full and timely performance of its obligations in accordance with the terms of this Agreement. 5. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Article VII. 6. Expenditures of EEM program funds are subject to financial and compliance audits by the State Controllers Office and Caltrans Office of Audits and Investigations. These guidelines may be found in Caltrans Local Assistance Procedures Manual, Chapter 10, "Consultant Selection", Exhibit 10-N "Accounting and Auditing Guidelines for Contracts with Caltrans". Page 6 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek; Corridor & Restoration Phase 2 Only ARTICLE VIII — Allowable Costs and Payments 1. The method of reimbursement authorized by STATE for PROJECT expenditures made by APPLICANT under this Agreement will be based on actual costs incurred. STATE will reimburse the STATE's PROPORTIONATE SHARE of actual costs (based on Section III of Exhibit A and including labor costs, employee benefits, travel, equipment rental costs, and other direct costs) incurred by APPLICANT in performance of the work. APPLICANT will not be reimbursed for actual costs that exceed the estimated wage rates, employee benefits, travel, equipment rental, fringe benefit rates, and other estimated costs set forth in APPLICANT', cost proposal (Exhibit Al) unless additional reimbursement is provided for by Agreement amendment. In the event that STATE determines additional work beyond that specified in APPLICAN-s cost proposal and this Agreement is required to produce a satisfactory PROJECT, the actual costs reimbursable by STATE may be increased by Agreement amendment to accommodate that additional work. The maximum total costs as specified in Section III of Exhibit A of this Agreement, shall not be exceeded unless authorized by Agreement amendment. 2. Reimbursement for transportation and subsistence costs shall not exceed the rates to be paid nonrepresented/excluded State employees under then current State Department of Personnel Administration rules detailed in the Caltrans Travel And Expense Guide. 3. General and administrative PROJECT[' overhead is unallowable under the Resources Agency of California's Environmental Enhancement and Mitigation Program Procedures and Criteria guidelines. 4. Progress payments will be allowed and may be made no less than monthly in arrears based on PROJECT work performed and allowable incurred costs authorized as part of the PROJECT. 5. APPLICANT may not commence any reimbursable PROJECT development work or services or PROJECT capital outlay work before both program adoption and funding allocation by the California Transportation Commission and execution of this PROJECT agreement by both APPLICANT and STATE. Reimbursement is subject to annual appropriation by the Legislature in the State Budget for the Environmental Enhancement and Mitigation Program Fund. 6. APPLICANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by STATE's Local Program Accounting office in the Division of Accounting of signed invoices. One original and two copies of the invoice (in the format shown in Exhibit C) shall be submitted after the performance of work for which APPLICANT is billing. Invoices shall include detailed backup information supporting the work performed. The final invoice must contain the final cost and all credits due STATE, including credits or reimbursements due STATE for any equipment purchased under the provisions of Article V of this Agreement. Progress and final invoices as well as the Final Project Expenditure Report shall be mailed to the Caltrans District Director, ATTN: District Local Assistance Engineer (DLAE), for invoice approval. The DLAE will forward invoices to the Accounting Office for payment. ARTICLE IX — Cost Principles 1. APPLICANT agrees to comply with: 1) The Resources Agency of California's Environmental Enhancement and Mitigation Program Procedures and Criteria, and 2) California Transportation Commission Guidelines for Allocating, Monitoring, and Auditing of Local Assistance Projects. Page 7 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only 2. APPLICANT agrees to comply with the following, as applicable: A) The Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., which shall be followed to determine the allowability of individual items of cost f'or which reimbursement is sought. B) 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments and Office of Management and Budget Circular A-87, Cost Principles for State; and Local Governments.. C) Office of Management and Budget Circular A-122, Cost Principles for Nonprofit Organizations, which shall be used to determine costs of grants, contracts and other agreements with nonprofit organizations (excluding colleges, universities and hospitals). D) Office of Management and Budget Circular A-21, Cost Principles for Educational Institution establishing principles for determining costs applicable to grants, contracts, and other agreements with educational institutions. E) Office of Management and Budget Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and other Nonprofit Organizations. 3. Any costs for which payment has been made to APPLICANT that are determined by subsequent audit to be unallowable under Paragraphs 1 and 2 of this Article IX are subject to repayment by APPLICANT to STATE. 4. Should any conflict exist between the STATE guidelines as described in Paragraph 1 and 2 of this Article IX, the following order will prevail and be applied as follows: 1) Resources Agency of California's Environmental Enhancement and Mitigation Program Procedures and Criteria; 2) California Transportation Commission Guidelines for Allocating, Monitoring, and Auditing of Local Assistance Projects, 3) 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq.; 49 CFR, Federal Acquisition Regulations System, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Government; OMB A-21, Cost Principles for Educational Institutions; OMB A-110, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations; OMB A-122, Cost Principles for Nonprofit Organizations; and OMB A-87, Cost Principles for State and Local Government. 5. Any subcontract entered into as a result: of this Agreement shall contain all the provisions of this Article IX. 6. Should APPLICANT fail to reimburse moneys due STATE within thirty (30) days of demand, or within such other period as may be agreed between the parties hereto, STATE is authorized to withhold future payments due APPLICANT from any source, including but not limited to, the State Treasurer, the State Controller and the California Transportation Commission. Page 8 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only ARTICLE X - Subcontracting 1. APPLICANT shall perform the work contemplated with resources available within its own organization and no portion of the work pertinent to this Agreement shall be subcontracted without written authorization by STATE, except that which is expressly identified in APPLICANT's Cost Proposal (Exhibit A1). 2. Any subcontract in excess of $25,000, entered into as a result of this Agreement, shall contain all the provisions stipulated in this Agreement and shall be applicable to all subcontractors. Any substitution of subcontractors must be approved in writing by STATE. 4. Any subcontract entered into as a result of this Agreement shall contain all the provisions of this Article X. ARTICLE XI - Insurance 1. If the scope of APPLICANT services will not require APPLICANT or a subcontractor to enter upon STATE highway right of way, then the APPLICANT is not required to show evidence of general comprehensive liability insurance. 2. In the event that APPLICANT or an agent, contractor or subcontractor of APPLICANT will be present or working on STATE right of way, prior to commencement of the work described herein, the APPLICANT shall furnish to STATE a Certificate of Insurance stating that there is general comprehensive liability insurance presently in effect for APPLICANT and/or its agents, contractors, and subcontractors who will be working (in any manner) on STATE property with a combined single limit CSL) of not less than one million dollars ($1,000,000) per occurrence. 3. The Certificate of Insurance must provide: A. That the insurer will not cancel the insured's coverage without 30 days prior written notice to the STATE. B. That the STATE, its officers, agents, employees, and servants are also included as additional named insureds, but only insofar as PROJECT operations under this Agreement are concerned. C. That STATE will not be responsible for any premiums or assessments on the policy. 4. APPLICANT agrees that all bodily in liability insurance or self-insurance required mhereinshallbeineffectatalltimesduringtheterof this Agreement. In the event said insurance coverage expires at any time or times during the term of this Agreement, APPLICANT agrees to provide, at least thirty (30) days prior to said expiration date, a new Certificate of Insurance or Certificate of Self -Insurance evidencing coverage as provided for herein for not less than the remainder of the term of the Agreement, or for a period of not less than one (1) year. New Certificates are subject to the approval of STATE and Department of General Services. In the event APPLICANT fails to keep coverage as herein provided in effect at all times, STATE may, in addition to any other remedies it may have, terminate this Agreement upon the occurrence of such event. Page 9 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only5. If APPLICANT is self-insured, the EEM PROJECT APPLICANT shall submit a Certificate of Self -Insurance asserting that APPLICANT is covered for all purposes of liability for all work performed hereunder. STATE and APPLICANT acknowledge that only one Certificate of Self - Insurance will be required and that APPLICANT must maintain that level of Self -Insurance [not less than one million dollars ($1,000,000)]. It is also understood that STATE, its officer, agents, employees, and servants, are included as covered for all purposes insofar as the operations of APPLICANT under this Agreement are concerned. ARTICLE XII - Miscellaneous Provisions 1. Neither STATE nor any officer or employee thereof is responsible for any injury, damage, or liability occurring by reason of anything (lone or omitted to be done by APPLICANT under or in connection with any work, authority or jurisdiction conferred upon APPLICANT under this Agreement. It is understood and agreed that APPLICANT shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including. but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by APPLICANT under this Agreement. STATE reserves the right to represent itself in any litigation in which STATE'S interests are at stake. 2. APPLICANT, and the agents and employees of APPLICANT, in performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of STATE. 3. Following written notice and at least thirty (30) days to cure, STATE may terminate this Agreement with APPLICANT should APPLICANT fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, STATE may proceed with the PROJECT work in any manner deemed proper by STATE. If STATE terminates this Agreement with APPLICANT, STATE shall pay APPLICANT the sum of allowable costs due APPLICANT under this Agreement prior to termination, provided, however, that the cost of PROJECT completion to STATE shall first be deducted from any sum due APPLICANT under this Agreement, and the balance, if any, shall then be paid APPLICANT upon demand. 4. Without the written consent of STATE, this Agreement is not assignable by APPLICANT, either in whole or in part. Time is of the essence in this Agreement. 6. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. 7. The consideration to be paid APPLICANT, as provided herein, shall constitute full compensation for all of APPLICANT's allowable approved costs and expenses incurred in the performance hereof, unless otherwise expressly so provided. Page 10 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only 8. APPLICANT warrants, by execution of this Agreement, that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by APPLICANT for the purpose of securing business. For breach or violation of this warranty, STATE has the right to annul this Agreement without liability, pay only for the value of the work actually performed, or in its discretion, to deduct from the price of consideration, or otherwise recover from APPLICANT, the full amount of such commission, percentage, brokerage, or contingent fee. 9. In accordance with Public Contract Code Section 10296, APPLICANT hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a Federal court has been issued against APPLICANT within the immediate preceding two-year period because of APPLICANT's failure to comply with an order of a Federal court that orders APPLICANT to comply with an order of the National Labor Relations Board. 10. APPLICANT shall disclose any financial, business, or other relationship with STATE, the Resources Agency, or the California Transportation Commission (CTC) that may have an impact upon the outcome of this Agreement. APPLICANT shall also list current associates or clients who may have a financial interest in the outcome of this Agreement. 11. APPLICANT hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of this Agreement. 12. APPLICANT warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration either promised or paid to any STATE or Resources Agency employee. For breach or violation of this warranty, STATE shall have the right, in its sole discretion, to terminate the Agreement without liability, to pay only for the work actually performed, or to deduct from the Agreement price or otherwise recover the full amount of such rebate, kickback, or other unlawful consideration. 13. This Agreement is subject to any additional restrictions, limitations, conditions, or any statute enacted by the State Legislature or the Federal Government that may affect the provisions, terms, or funding of this Agreement in any manner. 14. This Agreement shall terminate on June 30, 2014 --with project completion and final invoicing done by April 30, 2014 --or upon the earlier completion of PROJECT, whichever is first earlier in time, except that APPLICANT duties regarding the continuing operations and maintenance of PROJECT property, credits due STATE, and indemnification of STATE shall survive. Page 11 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only IN WITNESS WHEREOF, the parties have executed this Agreement by their duly authorized officers. STATE OF CALIFORNIA DEPARTMENT OF APPLICANT TRANSPORTATION F f April Nitsos, Senior Transportation Engineer Office of Special and Discretionary Programs Division of Local Assistance 1120 "N" Street, Sacramento, California 95814 Page 12 of 17 EEM -2010(435) APPLICANT REUresentative Name and Title en Agenc _ 10 3u 0 I o a -e A--, envy, Iress tip e/ -fin i (4 9City, State, ZIP Ir h— 7?7 33'5 -4 - Telephone No. mm1) e cu -e- r hiio -o rqE-mail address wti wiS EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only EXHIBIT A - PROJECT DESCRIPTION AND FINANCING APPLICANT: City of Cupertino PROJECT NAME: Stevens Creek Corridor Park & Restoration Project, Phase 2 COUNTY: Santa Clara I. Project Location: Final segment of the trail between Stevens Creek Blvd. and McClellan Rd within the City of Cupertino. II. Project Description of Work Proposed (as set forth in Application No. ): 035 Project will extend the regional multi -use Stevens Creek Trail, restore 1,800 feet of riverine and riparian habitat along Stevens Creek, and open 5 acres ofparkland to the public. Over 2 acres of native riparian, wetland and oak woodland plantings will be installed, a local orchard restored, and wildlife habitat improved. III Proposed Project Funding: A. ESTIMATED TOTAL PROJECT COST: $ 2,695,000.00 Is this amount different from that set forth in the APPLICATION? Yes x No B. PROJECT FINANCING: State Funding $ 245,000.00 = 9.10% of total project cost* Applicant Funding $ 2,245,000.00 = 90.90% of total project cost Federal Funding (if any)$ _ Total Project Funding $ 2,265,000.00 =100.00% of total project cost NOTE: This percentage is referred to in this Agreernent as the STATE's PROPORTIONATE SHARE of costs and will be used as the reimbursement ratio on the project. C. The maximum amount of STATE funding approved by the CTC that may be contributed to the PROJECT shall not exceed $ 245,000.00 Page 13 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only EXHIBIT Al - COST PROPOSAL This must be completed by APPLICANTfor all projects, exceptfor acquisition -only projects, and returned with Applicant -State Agreement to the STATE.) APPLICANT: PROJECT NAME: COUNTY: Direct Labor: labor rates must be calculated as actual dollar earned per hour and cannot include overhead costs) Classification Name Hours Rate Total Project Manager c) Total Direct Labor Costs Fringe Benefits: Benefits, such as vacation, medical, and retirement, etc., must be calculated as rates earned per hour) Other Costs: (itemize with description, quantity, unit price, and total cost; estimates acceptable) Travel Costs Equipment and Supplies Other Direct Costs Subcontractor Costs: attach scope ofwork and detailed cost estimatefor each subcontractor) Volunteer Services: Classification Name Volunteer Hours Rate Total C' Ca C' Total Volunteer Labor Costs Donations: itemize with description, quantity, unit price, and total cost; estimates acceptable) Materials Other Total Project Cost: Page 14 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only EXHIBIT B FAIR EMPLOYMENT PRACTICES ADDENDUM 1. In the performance of this Agreement, APPLICANT will not discriminate against any employee for employment because of race, si.Ix, color, religion, ancestry, or national origin. APPLICANT will take affirmative action to ensure that employees are treated during employment, without regard to their race, sex, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. APPLICANT shall post in conspicuous places, available to employees for employment, notices to be provided by STATE setting forth the provisions of this Fair Employment section. 2. APPLICANT will permit access to the records of employment, employment advertisements, application forms, and other pertinent data and records by the State Fair Employment and Housing Commission, or any other agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment section of this Agreement.' 3. Remedies for Willful Violation: a) The State may determine a willful violation of the Fair Employment provision to have occurred upon receipt of a final judgment to that effect from a court in an action to which APPLICANT was a party, or upon receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and determined that the APPLICANT has violated the Fair Employment Practices Act and had issued an order, under Labor Code Section 1426, which has become final, or obtained an injunction under Labor Code Section 1429. b) For willful violation of this Fair Employment Provision, STATE shall have the right to terminate this Agreement either in whole or in part, and any loss or damage sustained by STATE in securing the goods or services hereunder shall be borne and paid for by APPLICANT and by the surety under the performance bond, if any, and STATE may deduct from any moneys due or the thereafter may become due to APPLICANT, the difference between the price named in the Agreement and the actual cost thereof to STATE. Page 15 of 17 EEM -2010(035) EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only Date ofInvoice For all Invoices) Department ofTransportation Division ofLocal Assistance Name, District Director District Local Assistance Engineer Street Number City, CA Zip Code Attn: District EEM Coordinator AGREEMENT EXHIBIT C - SAMPLE OF EEM INVOICES Prepare On Applicant's Letterhead) Billing No.: I, 2, or Final Invoice No: Local Agency's Invoice No. Project Completion Date: Final Date or Ongoing" (if not final) Tax Identification # County: County Name Project Location _ Advantage ID Reimbursement for Environmental Enhancement and Mitigation (EEM) funds is claimed pursuant to State Project No. EEM-20XX (XXX), Applicant State Agreement No. , Agreement date Description of work covered by this invoice: Preliminary Engineering Total Costs to Date ** Less: Nonparticipating Costs to Date Total State Participating Costs to Date Reimbursement Ratio Total Reimbursement Less: Amount Claimed on Previous invoice Amount this Invoice Construction Engineering Acquisition and Incidentals Total Amount this Invoice Construction Note: The State will make the payment(s) on a reimbursement basis o(itsproportionate share ofactual costs incurred on the project to date after expenses and debts have been paid by the applicant, timeshe?ts, mileage logs, invoices, receipts, cancelled warrants, and other documents as applicable are required by the State as supporting documentation prior to each reimbursement. I certify that the work covered by this Invoice has been completed in accordance with approved plans and specifications; the costs shown in this Invoice are true and correct; including retention as reflected abo,e, is due and payable accordance with the terms of the agreement. Signature, Title and Unit of Local Agency Representative Contact Name (for questions about this invoice) Page 16 of 17 EEM -2010(035) Phone No. Phone No. EXHIBIT D - Applicable to Stevens Creek Corridor & Restoration Phase 2 Only AGREEMENT EXHIBIT D - FINAL PROJECT EXPENDITURE REPORT Prepare On Applicant's Letterhead) Name, District Director Department of Transportation Street or P.O. Box City, CA, Zip Code Attention: Name, District Local Assistance Engineer Final Proiect Expenditure Report Description/Location of Work: Project Completion Date: Expenditure Authorization: Project Number: State -Local Entity Agreement Number: State Funds Allocated: Expenditure Incurred: A. Payment to Contractor Attachfinal pay estimate) B. Other Project Costs: Preliminary Engineering Constructio 1 Engineering Any Additional Construction Right of Wary (Capital and Support) C. Liquidated Dzmages D. Outstanding Contractors Claims E. Others (specify,, Sources and Amounts of Additional Funds Used: State Funds Allocated But Not Used: CERTIFICATION I hereby certify that: Total $ To the best of my knowledge and belief, the information in this report is a true and accurate record of project costs. The work was performed in accordance with the CTC approved scope and state funding for the project. Title and Unit of Local Agency Representative PROJECT VERIFICATION: This verification of completion also constitutes approval to pay costs shown in the Final Invoice included in the Report cf Expenditures. I have reviewed the job site and found the project completed in accordance with the scope and description ofthe project authorization document. District Local Assistance Engineer Date: Page 17 of 17 EEM -2010(035) AGREEMENT BETWEEN THE CITY OF CUPERTINO AND GILBANE BUILDING COMPANY FOR CONSULTANT SERVICES FOR STRUCTION MANAGEMENT ON VARIOUS PROJECTS 20' 3iso, bTHISAGREEMENT, for reference dated M y and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "CITY"), and Gilbane Building Company, a California corporation whose address is, 1798 Technology Drive, Suite 120, San Jose, CA 95110 (hereinafter referred to as "CONSULTANT" or "CM"), and is made with reference to the following: RECITALS: A. CITY is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted undE!r the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. CONSULTANT is specially trained, experienced and competent to perform the special services which will be -required by this Agreement; and C. CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. CITY and CONSULTANT desire to enter into an agreement for construction management services on various projects, upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on December 31, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: CONSULTANT shall perform each and every service set forth in Exhibit A". titled "Scope of Services" which is attached hereto and incorporated herein by this reference. Page 1 of 12 Gilbane Building Company Agreement 3. SCHEDULE OF PERFOMRANCE: The Services of CONSULTANT are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to CONSULTANT under this agreement shall not exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($ 125,000). The rate of payment is set out in Exhibit C, titled Compensation", which is attached hereto and incorporated herein. CONSULTANT shall furnish to CITY a detailed statement of the work performed for compensation during the term of this Agreement. CONSULTANT may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 5. TIME IS OF THE ESSENCE: CONSULTANT and CITY agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: CONSULTANT agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the CITY nor have any contractual relationship with CITY. 7. INDEPENDENT PARTIES: CITY and CONSULTANT intend that the relationship between them created by this Agreement is that of employer -independent contractor. The manner and means of conducting the work are under the control of CONSULTANT, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of CONSULTANT's services. None of the benefits provided by CITY to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from CITY to CONSULTANT, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due CONSULTANT. Payments Page 2 of 12 Gilbane Building Company Agreement of the above items, if required, are the responsibility of CONSULTANT. 8. IMMIGRATION REFORM AND CONTROL ACT (IBCA): CONSULTANT assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. CONSULTANT shall indemnify and hold CITY harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by CONSULTANT. 9. NON-DISCRIMINATION: Consistent with CITY's policy that harassment and discrimination are unacceptable employer/employee conduct, CONSULTANT agrees that harassment or discrimination directed toward a job applicant, a CITY employee, or a citizen by CONSULTANT or CONSULTANT's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. CONSULTANT agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works slaall be representative of CITY for all purposes under this Agreement. Carmen Lyanugh, Public Works Project Manager is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. 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 Manager for any reason, the CONSULTANT Project Manager designee shall be subject to the prior written acceptance and approval of the CITY Project Manager. The designated CONSULTANT Project Manager shall be Rodney Elgie, District Operations :Manager. Page 3 of 12 Gilbane Building Company Agreement 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for CONSULTANT's professional services, and to the extent the CONSULTANT breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, CONSULTANT shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the CITY and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or CONSULTANT's employees, officers, officials, agents or independent contractors. 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. CONSULTANT shall not be obligated under this Agreement to indemnify CITY to the extent that the damage is caused by the sole negligence or willful misconduct of CITY, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent. allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. 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. 12. INSURANCE: On or before the commencement of the term of this Agreement, CONSULTANT shall furnish CITY with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, Page 4 of 12 Gilbane Building Company Agreement which do not limit CONSULTANT's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage, shall provide thirty (30) days' advance written notice to the CITY of Cupertino by certified mail, Attention: CITY Manager." It is agreed that CONSULTANT shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to CITY and licensed to do insurance business in the State of California. Endorsements naming the CITY as additional insured shall be submitted with the insurance certificates. A. COVERAGE: CONSULTANT shall maintain the following insurance coverage: 1) Workers' Compensation: Statutory coverage as required by the State of California. 2) Liabili : 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 Df $1,000,000 will be considered equivalent to the required minimum limits shown above. 3) Automotive: Comprehensive autornotive 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. B. SUBROGATION WAIVER: Page 5 of 12 Gilbane Building Company Agreement CONSULTANT agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, CONSULTANT shall look solely to his/her insurance for recovery. CONSULTANT hereby grants to CITY, on behalf of any insurer providing comprehensive general and automotive liability insurance to either CONSULTANT or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONSULTANT may acquire against CITY by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If CONSULTANT at any time during the term hereof should fail to secure or maintain the foregoing insurance, CITY shall be permitted to obtain such insurance in the CONSULTANT's name or as an agent of the CONSULTANT and shall be compensated by the CONSULTANT for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: CITY, its CITY Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any workers compensation and/or professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. CITY will require the Prime Contractor on any of the various projects covered under this agreement, to name Gilbane as an additional insured under all insurance coverages, except any workers compensation and/or professional liability insurance, required by the construction contract. Page 6 of 12 Gilbane Building Company Agreement E. SUFFICIENCY OF INSURAT14CE: The insurance limits required by CITY are not represented as being sufficient to protect CONSULTANT. CONSULTANT is advised to confer with CONSULTANT's insurance broker to determine adequate coverage for CONSULTANT. 13. CONFLICT OF INTEREST: CONSULTANT warrants that it is not a conflict of interest for CONSULTANT to perform the services required by this Agreement. CONSULTANT may be required to fill out a conflict of interest form if the services provided under this Agreement require CONSULTANT to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: CONSULTANT shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of CITY. Any attempt to do so without said consent shall be null and void, and an, assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by CONSULTANT from CITY under this Agreement may be assigned to a bank, trust company or other financial institution. without prior written consent. Written notice of such assignment shall be -promptly furnished to CITY by CONSULTANT. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of CONSULTANT, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if CONSULTANT is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of CONSULTANT, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from CITY is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that CONSULTANT employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by CONSULTANT. In addition, any work or services subcontracted hereunder Page 7 o.'12 Gilbane Building Company Agreement shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: CONSULTANT, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a CITY Business License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as 'Report", reproduced, prepared or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement, shall be the exclusive property of CITY. CONSULTANT shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to CITY the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of CITY, and all publication rights are reserved to CITY. CONSULTANT may retain a copy of any report furnished to the CITY pursuant to this Agreement. B. All Reports prepared by CONSULTANT may be used by CITY in execution or implementation of: 1) The original Project for which CONSULTANT was hired; 2) Completion of the original Project by others; 3) Subsequent additions to the original project; and/or 4) Other CITY projects as appropriate. C. CONSULTANT shall, at such time and in such form as CITY may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by CONSULTANT pursuant to this Agreement shall be made available to any individual or organization by CONSULTANT without prior approval by CITY. F. Electronic and hard copies of CONSULTANT's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. CITY holds CONSULTANT harmless for any modifiCZLtions to the documents. Page 8 of 12 Gilbane Building Company Agreement 18. RECORDS: CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by CITY that relate to the performance of services under this Agreement. CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. CONSULTANT shall provide free access to such books and records to thE' representatives of CITY or its designees at all proper times, and gives CITY the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by CITY's preliminary examination or audit of records, and the CITY's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then CONSULTANT shall reimburse CITY for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from CONSULTANT to CITY shall be addressed to CITY at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Carmen Lyanugh All notices, demands, requests, or approvals from CITY to CONSULTANT shall be addressed to CONSULTANT at: Gilbane Building Company 1798 Technology Drive, Suite 120 Page 9 of 12 Gilbane Building Company Agreement San Jose, CA 95110 Attention: Rodney Elgie 20. TERMINATION: In the event CONSULTANT fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, CONSULTANT shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by CONSULTANT from CITY of written notice of default, specifying the nature of such default and the steps necessary to curE- such default, CITY may terminate the Agreement forthwith by giving to the CONSULTANT written notice thereof. CITY shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to CONSULTANT as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports, documents, and other work performed by CONSULTANT under this Agreement. 21. COMPLIANCES: CONSULTANT shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by CITY. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: CONSULTANT shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from CITY to do otherwise. Page 10 of 12 Gilbane Building Company Agreement 24. WAIVER: A waiver by CITY of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both CITY and CONSULTANT. 25. 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 CITY 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 prohibited gift 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 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required. by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit: or amplify the terms or provisions of this Agreement. Page 11 of 12 Gilbane Building Company Agreement P.O. No.: V'_ IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation Gilbane)3uilding Company By B'_ Timm Borden, Director of Public Works Name e Date 5k Z Title—, Date Tax I.D. No.: APPROVED AS TO FORM: Address: d Carol Korade, City Attorney ATTEST: C Grace Schmidt, City Clerk Contract Amount: $125,000 Account Nos.: 427-9134-9300 - $105,000 420-9133-9300 - $15,000 580-9137-9300 - $ 5,000 I Page 12 of 12 Gilbane Building Company Agreement EXHIBIT A SCOPE OF SERVICES CONSULTANT (CM) shall perform professional construction management services as detailed in the following sections related to various construction projects in Cupertino. SECTION 1. GENERAL A. General PROJECT Description: The PROJECT involves providing pre -construction, bid phase, construction phase and post construction phase contract management services. Services may include but are not limited to utility coordination; constructability/bid ability review of the plans and specifications; cost analysis; and other pre -construction work, bid phase, construction phase and post construction phase services on various CITY construction projects. The projects include: 1) Stevens Creek Corridor Park & Restoration - Phase 2, 2) McClellan Ranch Environmental Education Center and Blacksmith Shop Relocation, 3) Mary Avenue Dog Park. The CITY has the option to add the following projects at a later time; Monta Vista Storm Drain, Quinlan Upgrade and Sports Center Projects. B. General Performance Requirements: 1. The performance of all services by CONSULTANT shall be to the satisfaction of the CITY, in accordance with the express terms hereof,_ including but not limited to the terms set out in detail in this scope of services and the standard of care provisions contained in this AGREEMENT. 2. CONSULTANT shall be responsible for coordinating the work of all consultants and contractors, as needed or as directed by the CITY. CONSULTANT shall schedule meetings and prepare meeting agendas and minutes for all PROJECT meetings during the execution of this agreement under the scope of work. All minutes of meetings are due to the CITY within five (5) working days after the meeting. CONSULTANT shall provide copies of such documentation to the CITY, and as directed by the CITY, to other appropriate agencies and entities. 4. CONSULTANT shall designate and provide to the CITY the names of their team members for the PROJECT. The team members shall be satisfactory to the CITY. CONSULTANT shall not substitute any team members without the prior approval of the CITY. CITY retains the right to reject team members assigned by CONSULTANT or require replacement of team members. 5. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT. CONSULTANT shall consult with the CITY, research applicable information, and communicate with members of the PROJECT team. 6. CONSULTANT shall meet weekly with CITY's assigned project manager for the respective construction projects to provide an update on the current status of the Gilbane Building Company Agreement Page 1 of 17 Exhibits construction project. CO will provide the CITY'S assigned project manager with a summary report. C. CONSULTANT shall effectively manage the assigned construction projects for the efficient, progressive, and proactive delivery of each construction project. For each assigned construction project, the CONSULTANT may provide any or all of the following tasks and subtasks under Section. 2, as each specific project requires. Gilbane Building Company Agreement Page 2 of 17 Exhibits SECTION 2. TASKS Task 1— Pre -Construction Phase - work shall include but is not limited to the following: 1. Conduct a constructability review of the construction documents (50%, 95% and 100%) for the various projects. Provide a written :report with recommendations for changes. 2. Cost Estimate review and value engineering for various projects. Provide a written report with recommendations. 3. Utility coordination for projects. Work shall include a survey of existing utilities, the development of utility service plan for new and existing structures, coordinating with consultant preparing the project plans and making application to the utility companies for service. 4. Facilitate the building permit approval process. Work shall include but is not limited to coordinating with design consultant and building department to receive an approved building permit. 5. Develop and conduct public outreach program to assist in providing public information regarding project. 6. Grant administration assistance during the project. Task 2 — Bid Phase - work shall include but is not limited to the following: 1. Conduct a pre-bid Conference with prospective Bidders. 2. Assist with the issuing of Addendums. 3. Assist in the development of bidders' interest in a project. 4. Review bid documents and assist the CITY in evaluation of bidders Statement of Qualifications for responsible low bidder and assist in analyzing bid protest as may be necessary. 5. Tabulation and evaluation of bid results. Assist in the evaluation of bid alternatives and make recommendations on award. 6. Assist in review and processing of substitution submittals during bid and construction phase. Task 3 — Construction Phase — work shall include but is not limited to the following: 1. Administration and Coordination of Construction Contract: CM will provide administrative, management and related services necessary to administer the Construction Contract on each assigned project. CM's services shall include but are not limited to the following: Gilbane Building Company Agreement Page 3 of 17 Exhibits a. Scheduling, coordinating and conducting pre -construction and construction meetings; recording, maintaining and distributing minutes thereof. b. Prior to start of project construction the CM and CITY will come to agreement on the format for all project records to be kept and turned over to the CITY at the completion of the project. Documents may be hard copies and/or electronic. CM will make recommendations on programs to be used for tracking and other record keeping needs. c. Develop and implement a procedure for the submittal and processing of submittals with the design consultant. This shall include preparing and updating logs. d. Develop and implement a procedure for the submittal and processing of substitution requests with the CITY and the design consultant. This shall include preparing and updating logs. e. Develop and implement a procedure for timely handling and disposition of the Contractor's request for information (RFI) or clarifications with the design consultant. This shall include preparing and updating logs. f. Establish and implement procedures for the timely transmittal and receipt of communications, drawing and other information between CM, design consultant and the Contractor relating to construction of the project. g. Develop and implement a procedure for the timely submittal, processing and tracking of Contract Change Orders (CCO), Request for -Price Quote (RPQ), etc. with the CITY. This shall include preparing and updating logs. h. Coordinate and maintain a project directory for the project, with emergency contact information. L Develop and maintain a comprehensive schedule that establishes and reports the status and progress of the project. The schedule should include details such as milestones and key activities to track project progress. Prepare and submit a three week look ahead schedule monthly. j. Work with CITY and Contractor to maintain use of existing facilities that are affected by the construction, to mini mize the disruption to the existing facilities and to have their continued use during the construction of the project. This includes all phase of construction and delivery of materials. 2. Monitoring of construction costs and progress payment, CM services shall include but are not limited to the following: a. Provide and maintain project level reports for budgeting and contingency tracking; contract payment status; cash flow forecasting and analysis; grant documentation; and other financial reporting as necessary to support the CITY's accounting needs. CM shall maintain records reflecting the actual costs for Gilbane Building Company Agreement Page 4 of 17 Exhibits activities completed or in progress, including records relating to work performed on a unit cost basis and additional work performed by the Contractor on a time and materials basis. CM shall monitor and advise the CITY of costs pertaining to potential, pending and completed changes; and potential or pending claims. b. Develop a procedure for submittal, review and processing of the progress payment to Contractor, along with associated forms and reporting systems. CM shall review progress payment applications and work with Contractor to achieve agreement on the progress payment amount. CM will verify that the "as built" check set of plans by the Contractor are updated prior to approval of progress payment being submitted to the CITY. CM will require Contractor to provide a conditional waiver and release for progress payments and a final release and waiver for the final payment. CM will certify that the data in each application for progress payment is to the best of CM's knowledge, information and belief, the work has progressed to the point indicated in the application for progress payment and the quality of the work is generally in accordance with the contract documents. CM's review of application for progress payment shall be undertaken and completed in a timely manner so that the CITY can meet its obligations to make progress payment due Contractor within the time permitted by applicable law without incurring interest liability or other penalties/liabilities. CM shall also verify the progress payment satisfies any grant requirement. 3. Substantial completion and final completion, CM services shall include but are not limited to the following: Consulate with the design consultants and CITY to ascertain the achievement of substantial completion of the project. If upon inspection of the project substantial completion has not been achieved, the CM will assist the design consultant in noting the conditions of the work and the measures necessary for the Contractor to achieve substantiae completion. Upon determining that the Contractor has achieved substantial completion the CM will coordinate the CITY's and design consultant's final inspection of the work to note punch list items to be completed by the Contractor as a condition to achieve final completion. b. Assist the CITY in issuing a certificate of substantial completion and final completion, as applicable. 4. Progress Records, CM services shall include but are not limited to the following: a. Maintain records of the progress of construction of the project, including written progress reports and photographs reflecting the status of construction and percentage completion of the project. CM will maintain daily records during construction of the project showing weather conditions, personnel of the Contractor and Subcontractor at the site, work accomplished, problems encountered and other matters materially affecting the project, completion of the Gilbane Building Company Agreement Page 5 of 17 Exhibits project or construction cost to complete construction of the project. CM shall maintain project records for test results and special inspection results. b. Provide monthly progress reports on the project. 5. Site observations of project, CM services shall include but are not limited to the following: a. CM shall be on-site during construction of the project and substantially at all times during which there are construction activities at the site. CITY and CM may agree to the amount of time required to be at the site for observation, however this does not relieve the CNI from the requirement of having knowledge of the status of the work. b. Coordinate testing, lab services and inspections, this includes by outside firms. CM will work with the Building Department for permit inspections coordination and final approvals of permit. c. Maintain at the site the following documents at a minimum: Contract, Drawings, Specifications, approved Change Orders, Submittals, building permit, applicable codes, rules and regulation and other written or electronic materials relating to the project. d. CM will endeavor to guard the CITY against defects and deficiencies in construction and workmanship of the project on the basis of its site observations, and a quality control program established and implemented hereunder to monitor construction workmanship for conformity: 1) accepted industry standards; 2) applicable laws, codes, regulations, ordinances or rules: 3) and the requirements of the construction documents. e. CM shall reject work whenever in the ordinary course of discharging its services the CM discovers or observes patens: conditions of defective or deficient construction and workmanship which as or may have an adverse impact upon the project's life -safety systems or operations, structural elements or integrity of the safety of persons or property. C M shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing. CM's responsibilities hereunder shall be limited to defective or deficient work or an apparent or patent nature. f. Review the Contactor safety program and the requirements of the construction documents and applicable law. CM shall monitor the Contractor's compliance with safety programs and advise the CITY of measures, if any, necessary or appropriate to obtain the Contractor's compliance. By undertaking the obligation hereunder, CM shall not be deemed to have assumed responsibility of the adequacy or sufficiency of safety programs implemented by the Contractor, but the CM is responsible for verifying that the Contractor has established a safety program, that the safety program established by the Contractor is in Gilbane Building Company Agreement Page 6 of 17 Exhibits compliance with applicable law, rule or regulation and that the Contractor has implemented its safety program. g. CM shall promptly notify the CITY in writing of all CM observed instances of Contractor's failure to comply with applicable safety requirements. If in the course of performing services during the construction, the CM observes asafety violation or other unsafe condition on or about the site or surrounding area which have a immediate or potential or actual adverse effect on life or property, the CM is authorized, without prior notice to the CITY or prior directive by the CITY, to take all actions deemed necessary and appropriate by the CM under the then existing circumstances to prevent such actual or potential adverse effect. h. CM shall become familiar with all CEQA documents and permit requirements from other agencies having jurisdictions over the site or work that will affect the project and the construction site. CM shall be responsible for monitoring all aspects of the project as it relates to the requirements. CM shall monitor the Contractor's compliance with all requirements of the CEQA documents and permits by other agencies. CM shall take prompt action appropriate under the circumstances, including stopping the work and thereupon notifying the CITY in writing if Contractor is not following all requirements. 6. Contract Change Order (CCO) processing, CM services shall include but are not limited to the following: a. Coordinate and disseminate correspondence, drawings and other written materials by and between the Contractor, the CITY and the design consultants relating to changes to the project. C -M will coordinate the Contractor's performance of changes authorized by the CITY. CM shall maintain a log or other written records to monitor the pendency and disposition of change and CCOs to keep the CITY advised of the status of the same and the actual or potential impact of any particular change or CCO or the cumulative effects thereof on the construction cost or time for completion of construction of the project. b. Assist the CITY and design consultant in evaluation of requests for the Contactor for issuance of CCOs, assist in negotiations with the Contractor relative to the CCOs proposals and the adjustment of the contract price or the contract time under the construction contract. CM will make recommendations to the CITY and the design consultant for handling and disposition of the Contractor's proposal relative to the changes. If a change to the contraction contract is approved or authorized by the CITY, CM will assist the CITY and the design consultant in the preparation of a CCO reflecting such approved or authorized change to the construction contract. The CM is not authorized, without the prior consent and approval of the CITY, to effectuate or authorize any change to the work of the project. The CM shall be- liable to the CITY for all direct and consequential costs, losses or damage resulting from the CM's direction or Gilbane Building Company Agreement Page 7 of 17 Exhibits authorization of effectuate a change to the work of the project without the prior direction and authorization by the CITY. 7. Claims handling, CM service shall include but are not limited to the following: a. Assist the design consultant in the review, evaluation and processing of claims asserted by the Contractor; CM will make recommendations to the CITY as to merit, handling and disposition of Contractor's claims. Except in the event that the CM is alleged to have caused or contributed to the circumstances giving rise to a Contractor claim or other Contractor demand for compensation, services of the CM to prepare documentation or provide testimony in a mediation, arbitration or judicial proceeding arising out of such a claim or demand for compensation shall be deemed additional services. If the CM is alleged to have caused or contributed to a Contractor claim, the CM's claims handling services, including without limitation, claims analysis, assistance in preparing briefs/graphic materials in connection with negotiations or dispute resolution proceeding relating to a Contractor claim shall be deemed part of the CM's basic services under this agreement. 8. CM equipment, CM shall provide the following equipment necessary to carry out CM duties: a. Provide all equipment, furnishings and other items necessary to complete the services required for the project. Including without limitation, trailer, computers, related hardware, software, vehicles, cell phones, office equipment and copiers. Task 4 — Post -Construction Phase — work shall include but is not limited to the following: 1. Contractor closeout document review, CM services shall include but are not limited to the following: a. Receive from the Contractor the closeout documents and items to be submitted by the Contractor under the terms of the Construction Contract upon completion of its obligations under the Construction Contract. The CM shall review each Contractor's closeout submitatals to determine conformity with the requirements of the Construction Contract. If the CM determines that any Contractor's closeout submittals are not in conformity with requirements of the construction contract, the CM shall make recommendations to the CITY for measures to secure compliance with the requirements of the construction contract. The CM shall deliver to the CITY all of the Contractor's closeout submittals, including the Contractor's as -build drawings which the CM shall transmit to the design consultant for preparation of the record drawings. The CM shall monitor the design consultant's preparation and completion of the project record drawings prior to delivering to the CITY. Gilbane Building Company Agreement Page 8 of 17 Exhibits b. Within thirty (30) days of the date of issuance of a Certificate of Final Completion for the construction contract, the CM shall assemble and deliver to the CITY all of the records maintained by the CM relating to the project. Task 5 — Reimbursable Expense for Testing and Inspections by Subconsultant CM shall engage the necessary subconsultants to perform the necessary testing and inspection as required for the project. This is the only reimbursable expense that will be allowed in the agreement. CM shall schedule and coordinate with the contractor and subconsultant for the necessary testing and inspection for the project. 2. Compensation to the CM for the reimbursable expenses for testing and inspections by subconsultant shall be for the actual billed amount only, no mark up or overhead will be allowed for these subcontracted services. CM shall bill monthly for actual testing and inspections completed. CM shall attach copies of subconsultants' invoice for verification of cost being billed. Task 6 — Additional Services 3. Services provided by CM that are different from or in addition to those described herein are being included in the scope of Basic Services are referred to as "Additional Services". No Additional Services shall be performed without the prior written authorization of the CITY. No compensation shall be due from the CITY to the CM for any Additional Services provided or performed by the CM without the prior written authorization of the CITY. 4. Compensation to the CM for Additional Services directed and authorized by the CITY shall be on the basis of either: 1) actual and reasonable time of the CM's personnel necessary to complete the authorized Additional Service computed in accordance with the Rate Schedule attached to this Agreement; or 2) a fixed price mutually agreed upon by the CITY and the CM. The forgoing notwithstanding, if Additional Services authorized by the CITY result from the neglect of CM or CM's default under this Agreement, CM shall complete Additional Services at no cost to the CITY. Gilbane Building Company Agreement Page 9 of 17 Exhibits EXHIBIT B SCHEDULE OF PERFORMANCE CONSULTANT shall complete all work by December 31, 2014. The following sets forth the distribution of CONSULTANT's Schedule of Performance for each project. The CITY may approve in writing the extension of any date set in this Exhibit. PROJECT No. 1: Stevens Creek Corridor Park & Restoration Phase 2 Task #1: Pre -Construction Phase: NIC NIC weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task #3: Construction Phase: 3 weeks after Notice to Proceed (NTP) for this phase Task #4: Post -Construction Phase: TBD week after Notice to Proceed (NTP) for this phase Task #5: Reimbursable Expense for Testing and Inspection by TBD week after Subconsultant: Notice to Proceed (NTP) for this phase Task #6: Additional Services When authorized to Proceed on task Gilbane Building Company Agreement Page 10 of 17 Exhibits PROJECT No. 2: McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation Task #1: Pre -Construction Phase: 1 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: TBD weeks after Notice to Proceed (NTP) for this phase Task #3: Construction Phase: TBD weeks after Notice to Proceed (NTP) for this phase Task #4: Post -Construction Phase: TBD week after Notice to Proceed (NTP) for this phase Task #5: Reimbursable Expense for Testing and Inspection by TBD week after Subconsultant: Notice to Proceed (NTP) for this phase Task #6: Additional Services When authorized to Proceed on task Gilbane Building Company Agreement Page 11 of 17 Exhibits PROJECT No. 3: Mary Avenue Dog Park Task #1: Pre -Construction Phase: 2 weeks after Notice to Proceed (NTP) for this phase Task#2 Bid Phase: TBD weeks after Notice to Proceed (NTP) for this phase Task #3: Construction Phase: TBD weeks after Notice to Proceed (NTP) for this phase Task #4: Post -Construction Phase: TBD week after Notice to Proceed (NTP) for this phase Task #5: Reimbursable Expense for Testing and Inspection by TBD week after Subconsultant: Notice to Proceed (NTP) for this phase Task #6: Additional Services When authorized to Proceed on task These are estimated start times for each task. Gilbane Building Company Agreement Page 12 of 17 Exhibits EXHIBIT C COMPENSATION A. Maximum Compensation. The CITY agrees to compensate CONSULTANT for professional services performed in accordance with the terms and conditions of this AGREEMENT. The maximum amount of compensation to be paid to CONSULTANT under this AGREEMENT, including both payment for professional services, additional services and reimbursable expenses, shall not exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($ 125,000). CONSULTANT agrees that it shall perform all of the services set forth in Exhibit A of this AGREEMENT, except for additional services required pursuant to Section 2, Task No. 6 and inclusive of reimbursable expenses, for the lump -sum amount of ONE HUNDERED AND TWELVE THOUSAND FIVE HUNDRED DOLLARS ($112,500). The maximum_ amount of Additional Services are authorized under Section F of this EXHIBIT C is TWELVE THOUSAND FIVE HUNDRED DOLLARS ($ 12,500). B. Method of Payment For Task Nos. 1 through 6 CONSULTANT shall, during the term of this AGREEMENT, invoice the CITY monthly based upon a percentage of completion of each task set forth below in the Payment Schedule for services performed, and reimbursable expenses incurred if applicable, in completing that task under this AGREEMENT (Hereinafter "Invoice"). Provided CONSULTANT has completed the services and incurred the reimbursable expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice within thirty (30) working days of receipt of the Invoice. The Invoice shall be based on the percentage of the task completed, and it shall describe the work completed during the Invoice period in accordance with the Payment Schedule set forth below. The Invoice shall be broken out per project as listed on the Payment Schedule. The Invoice shall list work completed and reimbursable expenses if applicable, in accordance with the Payment Schedule set forth below. CONSULTANT also shall include supporting documents to verify completed work and for any reimbursable expenses. The Invoice shall include sufficient detail to satisfy grant requirements, funding agreements and financial audits. The Invoice shall also show the total to be paid for the Invoice period. Gilbane Building Company Agreement Page 13 of 17 Exhibits C. Payment Schedule The Payment Schedule for this AGREEMENT shall be as follows: PROJECT No. 1: Steven Creek Corridor Park & Restoration Phase 2 Task Description Task #1: Pre -Construction Phase - NIC Task #2: Bid Phase Task #3: Construction Phase Task #4: Post -Construction Phase Task #5: Reimbursable Expenses for Testing and Inspection by Subconsultant Task #6: Additional Services Task Compensation 000 5,000 95,000 TBD TBD 5,000 TOTAL $105,000 PROJECT No. 2: McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation Task Description Task #1: Pre -Construction Phase Task #2: Bid Phase Task #3: Construction Phase Task #4: Post -Construction Phase Task #5: Reimbursable Expenses for Testing and Inspections by Subconsultant Task#6: Additional Services Gilbane Building Company Agreement Exhibits Task Compensation 10,000 TBD TBD TBD TBD 5,000 TOTAL $15,000 Page 14 of 17 PROJECT No. 3: Mary Avenue Dog Park Task #1: Task #2: Task #3: Task #4: Task 5: Task#6: Task Description Pre -Construction Phase Bid Phase Construction Phase Post -Construction Phase Reimbursable Expenses for Testing an.d Inspections by Subconsultant Additional Services $ 2,500 TOTAL $ 5,000 Task Compensation 2,500 TBD TBD TBD TBD TOTAL OF PROJECTS: Project No. & Name Project No. 1: Stevens Creek Corridor Park & Restoration Phase 2 Project No. 2: McClellan Ranch Environmental Education Center & Blacksmith Shop Relocation Project No. 3: Mary Avenue Dog Park TOTAL AGREEMENT AMOUNT Total Per Project Compensation 105,000 15,000 5,000 125,000 CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior written authorization from the CITY. The CITY rnay approve in writing the transfer of budget amounts between any of the Tasks listed above provided the total AGREEMENT amount does not exceed ONE HUNDRED TWENTY FIVE THOUSAND DOLLARS ($125,000). Gilbane Building Company Agreement Page 15 of 17 Exhibits D. Subconsultant Services. CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this PROJECT. SUBCONSULTANT work on this PROJECT is included in the Payment Schedule shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services. E. Reimbursable expenses. Reimbursable expenses are included in CONSULTANT's maximum compensation, including, but not limited to, any expenses related to CONSULTANT's tasks. There are no separate reimbursable expenses for Basic Services performed under any Task of EXHIBIT A. F. Additional Services. CONSULTANT shall not perform Additional Services without prior written authorization of the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set aside the sum of TWELVE THOUSAND FIVE HU:'1,1DRED DOLLARS ($ 12,500) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges in excess of the above amount. CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized Additional Services rendered during the previous month. In the event Additional Services are authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the EXHIBIT C-1 sall stay in effect during the full term of the contract. The CITY shall pay Additional Services Invoices as provided in this EXHIBIT C. Gilbane Building Company Agreement Page 16 of 17 Exhibits EXHIBIT C-1 CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES Gilbane Project Manager 170 Project Engineer 96 Office Engineer 72 Gilbane Building Company Agreement Page 17 of 17 Exhibits ACORa CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) I 07/01/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Aon Risk Services Northeast, Inc. Providence RI Office CONTACT NPHONEAME: JCNNo. Ext): (866) 283-7122 ac No.), (800) 363-0105 MAILADDRESS: 100 Westminster Street, 10th Floor Providence RI 02903-2393 USA INSURER(S) AFFORDING COVERAGE NAIC # WVD INSURED 114SURERA: Liberty insurance Corporation 42404 Gilbane Building Company Seven 3ackson walkway IIJSURERB: Liberty Mutual Fire Ins CO 23035 INSURER C: Providence RI 029400000 USA INSURER D: 114SURER E: INSURER F: 13 COVERAGES CERTIFICATE NUMBER: 570050587472 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limits shown are as requested INSRLTR TYPE OF INSURANCE INSR WVD POLICY NUMBER PULIGY FFF MMIDDIYYYY POLICY EXP MM/DD LIMITS B GENERAL LIABILITY TB 13 06/30/2014 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000) CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 r- GENERAL AGGREGATE $4,000,000 OGEMLAGGREGATELIMITAPPLIESPER: PRODUCTS - COMP/OP AGG $4,000,000 POLICY X PRO X LOC Or B AUTOMOBILE LIABILITY As2-611-259068-013 06/3072013 06/-3072014 COMBINED SINGLE LIMIT Ea accident $1,000,000 BODILY INJURY ( Perperson) AUTO ZXANY BODILY INJURY (Per accident) ALL OWNED SCHEDULED y AUTOS AUTOS VPROPERTYDAMAGE HIRED AUTOS NON -OWNED Per accident t AUTOS m B X UMBRELLALIAB X OCCUR I TL2611259068053 06/30/2013 06/30/2014 EACH OCCURRENCE $10,000,000 t) EXCESS LIAB CLAIMS -MADE AGGREGATE $10,000,000 DED RETENTION A WORKERS COMPENSATION AND WA761D259068033 06/30/2013 06/30/2014 X I WC LMATTU- S DTH EMPLOYERSLIABILITY Y E.L. EACH ACCIDENT $1,000,000ANYPROPRIETOR / PARTNER / EXECUTIVE OFFICER/MEMBER EXCLUDED? Mandatory in NH) N N I A E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E . DISEASE -POLICYLIMIT $1,000,000 s 3 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, Ifmore space is required) RE: Project: City of Cupertino, 10300 Torre Avenue, Cupertino, (A. City of Cupertino is included as Additional Insured with Cyd respect to the General Liability and Automobile Liability policiEs; granted a waiver of subrogation for General Liability andAutomobileLiabilitypolicies, but limited to the operations of the Insured under said contract. CERTIFICATE HOLDER CANCELLATION G` SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE r- EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Cupertino AUTHORIZED REPRESENTATIVE 1'- 10300 Torre AvenueCupertinoCA95014USA Q ,{/' i e XXolz :a m c/sGttru,D c// rJ4J.1- 1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo ;/re registered marks of ACORD CITY OF CUPERTINO V SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT Service Order #4 For: Gilbane Building Company Consultant. Services Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $ 1,134,000 Term: March 31, 2015 Approval by: _City Council Item Number: 12 Consultant: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Date: July 16, 2013 Contact: Rod Elgie Phone: 408-660-4428 PROJECT DESCRIPTION Project Name: Mary Avenue Dog Park (MADP) Description: Gilbane to provide staff for extended construction period, additional Task 3 Construction Phase work CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh City of Cupertino Service Order # 3 Gilbane Building Company Page 1 of 2 CITY OF (CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT FISCAUBUDGET Agreement Maximum Compensation: $ 1,134,000 Original. Encumbrance: $ 805,500 ENCUMBER: Fund: 580-9137-9300 Consultant Comp, SO#1 MHDP: $ 6,000 ENCUMBER: Funds: 580-91.37-9300 Consultant Comp, SO#2 MADP: $ 5,000 ENCUMBER: Funds: 427-9134-9300 consultant Comp, SO#3 SCOP: $ 20,000 Previously Encumbered: $ 836,500 Current unencumbered amount in Agreement: $ 297,500 ENCUMBER: Funds: 580-9137-9300 Consultant Comp, SO#4 MADP: $ 18,000 Total. encumbered to date: $ 854,500 Remaining unencumbered in Agreement: $ 279,500 Contract APPROVALS Consultant: ! Date: 417114 Director of Public Works.„ - $'_ I 11 '711Date: Agreement P.O. No.: 00058169 Si hService. Order Encumbrance Amount: $1!3,000 J Service Order Account for Encumbrance: 580-9137-9300 City of Cupertino Service Order # 3 Gilbane Building Company Page 2 of 2 CITY OF CUPERTINO SERVICE ORDER FOR GFLBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT Service Order #5 For: Gilbane Building Company Consultant Services Agreement for Construction Management on Various Projects CONSULTANT AGREEMENT PO#: 00058169 Maximum Compensation: $ 1,134,000 Term: March 31, 2015 Approval by: City Council' Item Number: 12 Date: July 16, 2013 Consultant: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 Contact: Rod Elgie Phone: 408-660-9428 PROJECT DESCRIPTION Project Name: McClellan Ranch EEC & BSS Description: Gilbane to provide staff .for extended construction period, additional Task 3 Construction Phase work CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh City of Cupertino Service Order # 3 Gilbane Building Company Page 1 of 2 CITY OF CUPERTINO SERVICE ORDER FOR GILBANE BUILDING COMPANY CONSULTANT SERVICES AGREEMENT FISCAL/BUDGET Agreement Maximum Compensation: $ 1,134,000 Original Encumbrance: $ 805,500 ENCUMBER: Fund: 580-9137-9300 Consultant Comp, S0#1 MADP: $ 6,000 ENCUMBER: Funds: 580-9137-9300 Consultant Comp, SO#2 MADP: $ 5,000 ENCUMBER: Funds: 427-9134-9300 Consultant Comp, SO#3 SCCP: 20,000 ENCUMBER: Funds: 580-9137-9300 Consultant Comp, SO#4 MHDP: 18,000 Previously Encumbered: 854,500 Current unencumbered amount in Agreement: 297,500 ENCUMBER: Funds: 420-9133-9300Consultant Comp, SO#5 MR EEC: 11,500 Contract Total encumbered to date: $ 866,000 Remaining unencumbered in Agreement: $ 268,000 Date: 1{-. / / 7- / 20 APPROVALS Consultant: ` 6Date: I % I 4' Director of. Public Wor .- Date: Agreement P.O. No.: 00058169 Service Order Encumbrance Amount: $11,500 `/ Service Order Account for Encumbrance: 420-9133-9300 City of Cupertino Service Order # 3 Gilbane Building Company Page 2 of 2 CITY OF CUPERTINO Construction Management on Various Projects ADDITIONAL ENCUMBERANCE NO. I July 17, 2013 Contractor: Gilbane Building Company 1798 Technology Drive, Suite 120 San Jose, CA 95110 The following change is hereby approved and request for additional encumbrance: IA. Additional Services outlined in Amendment No. 1 $1,009,000.00 Total Additional Encumbrance No. 1 $1,009,000.00 Total Project Encumbrance: Original Contract $125,000.00 Additional Encumbrance No. 1 $1,009,000.00 Revised Contract $1,134,000.00 ORIGINAL P.O. NUMBER: 00058052 ACCOUNT NUMBERS & AMOUNTS: SCCP Phase 2 - 427-9134-9300 - $348,000 McClellan Ranch EEC&BSS - 420-9133-9300 - $263,500 Mary Ave. Dog Park - 580-9137-9300 - $25,000 Monta Vista Storm Drain - 215-9620-9300 - $75,000 Quilan Center Interior Upgrade - 580-9255-9300 - $24,000 Sports Center Projects - Sports Court - 580-9151-9300 - $30,000 Sports Center Projects - Retaining Wall - 420-9152-9300 - $40,000 Annual Pavemt. Maint. Phase 1 - 270-8404-9325 - $126,000 Annual Pavemt. Maint. Phase 2 - 270-8404-9325 - $202,500 APPROVED BY: Ti ord .E. Director of Public Works Date ��