14-029 Contract services for Donofrio Landscape Management stonework repair for 22120 Stevens Creek Blvd. Stocklmeir houseOFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 =3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cLipertino.org
CUPERT1NO
March 3, 2014
Donofrio Landscape Management
Attn: Mr. Pat Donofrio
15971 Cherry Blossom Lane
Los Gatos, CA 95032
Re: Agreement for contract 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
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.lJ�'� —�
THIS AGREEMENT, made and entered into this 10th day of February, is by and between the
CITY OF CUPERTINO (Hereinafter "CITY ") and Donofrio Landscape Management; Mr. Pat
Donofrio; Address: 15971 Cherry Blossom Larie, Los Gatos, CA 95032; Phone: 408 - 781 -0442
(Hereinafter "CONTRACTOR "), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and /or materials:
Recommendations for stonework repair and imethodology, and specialty edge treatment for
22120 Stevens Creek Blvd., Cupertino, CA
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N /A.
TERM: The services and /or materials furnished under this Agreement shall commence on
February 10, 2014 and shall be completed no later than June 30, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay
CONTRACTOR:
Not to Exceed $2,000.00 based on Time and Materials costs.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers
employed on a Public Works contract in excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest: extent allowed by law, indemnify, defend, and
hold harmless the City and its officers, officials, agents, employees and volunteers against any
and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and
against any of them, including any injury to or death of any person or damage to property or
other liability of any nature, arising out of, pertaining to, or related to the performance of this
Agreement by Contractor or Contractor's employees, officers, officials, agents or independent
contractors. Contractor shall not be obligated under this Agreement to indemnify City to the
extent that the damage is caused by the sole or active negligence or willful misconduct of City,
its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of
counsel of City's choice, expert fees and all other costs and fees of litigation. '\
Subcontracting. Contractor has been retained due to their unique skills and Contractor may
not substitute another, assign or transfer any rights or obligations under this Agreement.
Unless prior written consent from City is obtained, only those people whose names are listed
this Agreement shall be used in the performance of this Agreement.
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Assignment. Contractor may not assign or transfer this Agreement, without prior written
consent of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the
following requirements
Coverage:
Contractor shall maintain the following insurance coverage -.
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,0.00
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for
which it has agreed to provide comprehensive general and automotive liability insurance,
Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on
behalf of any insurer providing comprehensive general and automotive liability insurance to
either Contractor or City with respect to the services of Contractor herein, a waiver of any right
to subrogation which any such insurer of said Contractor may acquire against City by virtue of
the payment of any loss under such insurance.
Termination of Agreement. The City reserves. the right to terminate this Agreement with or
without cause with a seven (7) -day notice. The Contractor may terminate this Agreement with
or without cause with a seven (7) -day written notice.
Non - Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual
orientation of such person
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of
employment in the sense that the relationship of master and servant exists between City and
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Short Form Agreement
undersigned. At all times, Contractor shall tie deemed to be an independent contractor and
Contractor is not authorized to bind the City to any contracts or other obligations in executing
this Agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City. City shall have no right of control as to
the manner Contractor performs the services to be performed. Nevertheless, City may, at any
time, observe the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City
business license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of
the City.
NONDISCRIMINATION. Contractor certifies and agrees that he /she will not discriminate
against any employee or applicant for employment because of race, color, religion, national
origin, ancestry, sex, age, or condition or physical or mental handicap (as defined in 41 C.F.R.
Section 60 -741, et. seq.), in accordance with requirement of state or federal law. Contractor
shall take affirmative action to ensure that qualified applicants are employed and that
employees are treated during employment without regard to race, color, religion, national origin,
ancestry, sex, age, or condition of physical or mental handicap in accordance with
requirements of state and federal law. Such shall include, but not be limited to, the following:
A. Employment upgrading, demotion, transfer, recruitment or recruitment advertising, layoff
or termination, rates of pay or other forms of compensation.
B. Selection for training, including interns and apprentices.
Contractor agrees to post in conspicuous places in each of Consultant's facilities providing
services hereunder, available and open to employees and applicants for employment, notices
setting forth the provisions of this nondiscrimination clause.
Consultant shall, in all solicitations or advertisernents for employees placed by or on behalf of
Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, national origin, ,ancestry, sex, age, or condition of physical or
mental handicap, in accordance with requirements of state and federal law.
Consultant shall send to each labor union or representative of workers with which he /she has a
collective bargaining agreement or other contract or understanding a notice advising the labor
union or workers' representative of Consultant's commitments under this paragraph.
Consultant certifies and agrees that he /she will deal with his /her subcontractors, bidders, or
vendors without regard to race, color, religion, national origin, ancestry, sex, age, or condition
of physical or mental handicap, in accordance with requirement of state and federal law.
In accordance with applicable state and federal law, Consultant shall allow duly authorized
county, state and federal representatives access to his /her employment records during regular
business hours in order to verify compliance with the anti - discrimination provisions of this
paragraph. Consultant shall provide such other information and records as such
representatives may require in order to verify compliance with the anti - discrimination provisions
of this paragraph.
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If the City finds that any of the provisions of this paragraph have been violated, the same shall
constitute a material breach of Agreement upon which City may determine to cancel, terminate,
or suspend this Agreement. City reserves the right to determine independently that the anti-
discrimination provisions of this Agreement have been violated. In addition, a determination by
the California Fair Employment Practices Commission or the Federal Equal Employment
Opportunity Commission that Consultant has violated state and federal anti - discrimination laws
shall constitute a finding by City that Consultant has violated the anti - discrimination provisions
of this Agreement.
The parties agree that in the event Consultant violates any of the anti - discrimination provisions
of this paragraph, City shall be entitled, at its option, to the sum of $500.00 pursuant to
California Civil Code Section 1671 as liquidated damages in lieu of canceling, terminating, or
suspending this Agreement.
Consultant hereby agrees that he /she will comply with Section 504 of the Rehabilitation Act of
1973, as amended (29 U.S.C. Section 794), all requirements imposed by the applicable
regulations (45 C.F.R.), and all guidelines and interpretations issued pursuant thereto, to the
end that no qualified handicapped person shell, on the basis of handicap, be excluded from
participation in, be denied the benefits of, or otherwise be subjected to discrimination under any
program or activity of Consultant receiving Federal Financial Assistance. In addition,
Consultant shall comply with the Uniform Federal Accessibility Standards, and Contractor,
Engineer, or Architect responsible for any design, construction or alteration shall certify
compliance with those Standards.
Consultant's attention is directed to laws, including but not limited to:
A. CIVIL RIGHTS /EQUAL OPPORTUNITY
(1) Civil Rights Act of 1964. Under Title VII of the Civil Rights Act of 1964, no
person shall, on the grounds of race, sex, religion, color, or national origin, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under
any program or activity receiving Federal financial assistance.
(2) Section 109 of the Housing and Community Development Act of 1974. No
person in the United States shall, on the grounds of race, color, national origin, or sex,
be excluded from participation in, be denied the benefits of, or be subjected to
discrimination under any program or activity funded in whole or in part with funds made
available under this title.
Section 109 of the Act further provides that any prohibition against discrimination
on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) or
with respect to an otherwise qualified handicapped individual as provided in Section 504
of the Rehabilitation Act of 1973 (29 U.S.C. 794) shall also apply to any program or
activity funded in whole or in part with funds made available pursuant to the Act.
B. PROGRAM ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES
This Agreement is subject to laws and regulations concerning the rights of
otherwise qualified individuals with handicaps for equal participation in, and benefit from
federally assisted programs and activities, including but not limited to:
(1) Americans with Disabilities Act of 1990 (ADA) (28 CFR 35). Title II, Subpart A
of the Americans with Disabilities Act of 1990 applies to all publicly funded activities and
programs. Consultant shall also comply with the public accommodations requirements
of Title III of the ADA, as applicable.
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