09-028 Swinerton Mgmt - Mcclellan Ranch Projects ~~r. AGREEMENT
CITY OF CUPERTINO
~°"r ` ~ 10300 Torre Avenue
I Cupertino, CA 95014 / /
~j 408-77?-3200 NO. ~~~t7~ ~t~
BY TH ENT, made and entered into this ltirr' day of March, 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Swinerll~on Management 8 Consulting, Thomas Loomis
Address: 4055 Nelson Avenue, Concord, CA 94520;Ph~one: 925-602-6496; a-mail: tloomis~swinerton.com
{Hereinafter referred as CONTRACTOR), in consideration cf their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Construction Management
Services on Various McClellan Ranch Projects
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: none
TERMS: The services and/or materials furnished under this Agreement shall commence on March 18, 2009
and shall be completed before July 31, 2009.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Not to Exceed $100,000.00 Fixed Fee
Cal'rfomia Labor Code, Section 1771 requires the payment of prevailing ~Nages to all workers employed on a Public Works contract in excess of
51,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, erors and omissions, including all costs of defending any Gaim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described hrarein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of C:ity's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement i;~ not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor cert~es that no one who has or will have
any financial interest under this Agreement is an otrcer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent Ot the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: EJ \ j FRED
NAME: Terry Greene DEPARTMENT: Public Works Department
This Agreement shall become effective upon its execution try CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACT ~ CITY OF CUPERTINO:
gy BY
Title t~+°o ~ ~ ~ t < u ~ ~v ~ Title: erry Greene, City Architect
Soc. Sec. # or Tax LD. ~ - ~ ~
APPROV LS IJ(PENDITURE DISTRIBUTION
RT T EA
f~ 8 427-9112-9300 $100,000.0
CI R ~ ~ ~ DAT
~F ~
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
CUPERTINO
March 23, 2009
Swinerton Management & Consulting
Thomas Loomis
4055 Nelson Avenue
Concord, CA 94520
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you
have any questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure