07-048, GSS Consulting, Stevens Creek Corridor
AGREEMENT
BY THIS AG MENT, made and entered into this iJ~y of f-tf,t/k::., 2~ by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and 0
Name GSS CONSULTING
Address 1188 KOTENBERG AVE. City SAN JOSE Zip 95125 Phone 408-761-0213
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO. $I) ts-S-3S
PROJECT MANAGEMENT FOR THE STEVENS CREEK CORRIDOR PARK PROJECT THROUGH JULY 31,2007.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT A CONSULTANTS DUTIES AND SERVICES
EXHIBIT B INSURANCE REQUIREMENTS
TERMS: The services and/or materials furnished under this Agreement shall commence on MAY 2, 2007
and shall be completed before AUGUST 1, 2007
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
AN AMOUNT NOT TO EXCEED $5,000.00.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City.
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
No changes or variations of any kind are
~ ENTERED
NAME Therese Ambrosi Smith
DEPARTMENT Parks & Recreation
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
CITY OF CUPERTINO:
Ralph Qualls, Jr.
By /' Lh~J ,J. !tce,
Title pryn L.,/x,.. I
Soc. Sec. # or Tax I.D. 0 (-7- rz: .l..f-'rd-o
~~I~e~ D~f~/:/:~ r
CI
EXPENDITURE DISTRIB
ACCOUNT NUMBER
~-427-91g _ . U"""
Stevens Creek Corridor Park
. .
GSS CONSULTING
. .
EXHIBIT A
CONSULTANT'S DUTIES AND SERVICES
GSS Consulting (GSS) personnel shall serve as the City's representative and project manager as
designated and directed by City of Cupertino ("City") staff. GSS shall work under the direction of the
Parks & Recreation Department and shall assist the City by providing professional project management
services and serving as staff augmentation, within the public works context and in compliance with the
governing regulations applicable to each work assignment. GSS shall perform work on the following
projects commencing immediately and continuing through July 31,2007 within the scope and budget
described below.
Task I - Stevens Creek Corridor Park Proiect
Project management services are needed for implementation of the Stevens Creek Corridor Park Project
("SCC" project), described in the Design Basis Memorandum dated August 2006. The SCC project will
be designed, administered, permitted and constructed as a complete, functional project suitable for public
agency bidding. The SCC project is funded by a variety of outside sources and is subject to requirements
by various regulatory and permitting agencies. A design team led by HNTB Corporation is under
contract to the City and has developed plans to a nominal 50% complete level. Work on the project has
been on hold, and is expected to move forward in May 2007.
GSS will provide project management as staff augmentation for the design process. Types of services
include:
· assist in finalizing scope of services for design work by HNTB and subconsultants
· coordinate re-Iaunch of design and construction documents process
· provide consultant contract administration as desired by City.
· coordinate work by consultant team
· coordinate with involved agencies and stakeholders
· assist in identifying advantageous design and time line for environmental education classroom in
response to SJCC funding match opportunities
· oversee project schedule and budget
Task I - Hours and Fee
Fee for services relating to Stevens Creek Corridor project is not to exceed $2,835. Fee estimate is based
on 30 hours, Senior Project Manager, with services to be provided through July 31,2007.
Reimbursable Expenses
Recommended allowance: $125.00
Project Planning and Management
EXHIBIT B
Insurance Requirements
Contractor shall procure and maintain for the duration of the contract insurance against claims for
injuries to persons or damages to property which may arise from or in connection with the
performance of the work hereunder and the results of that work by the Contractor, his agents,
representatives, employees or subcontractors.
Contractor shall maintain limits no less than:
1. General Liability: (Including products-completed operations, personal & advertising injury)
$1,000,000 per occurrence for bodily injury, personal injury and
property damage. If Commercial General Liability insurance or
other form with a general aggregate limit is used, either the
general aggregate limit shall apply separately to this
project/location or the general aggregate limit shall be twice the
required occurrence limit.
2. Automobile Liability:
$1,000,000 per accident for bodily injury and property damage.
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City
may require the Contractor to provide proof of ability to pay losses and related investigations,
claim administration, and defense expenses within the retention.
OHa'r I n~u ranee Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain,
the following provisions:
1. The City, its officers, officials, employees, and volunteers are to be covered as
insureds with respect to liability arising out of work or operations performed by or on behalf of
the Contractor.
2. For any claims related to this project, the Contractor's insurance coverage shall be
primary insurance as respects the City, its officers, officials, employees, and
volunteers. Any insurance or self-insurance maintained by the City, its officers,
officials, employees, or volunteers shall be excess of the Contractor's insurance and
shall not contribute with it.
3. The Insurance Company agrees to waive all rights of subrogation against the City, its elected
or appointed officers, officials, agents and employees for losses paid under the terms of any
policy which arise from work performed by the Named Insured for the Agency.
4. Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be canceled by either party, except after thirty (30) days' prior written notice (10 days
for non-payment) has been given to the City.
Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VIl,
unless otherwise acceptable to the City.
Claims Made Policies
If any ofthe required policies provide claims-made coverage, the Entity requires that coverage be
maintained for a period of 5 years after completion ofthe contract.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements effecting
coverage required by this clause. All certificates and endorsements are to be received and
approved by the City before work commences. However, failure to obtain the required
documents prior to the work beginning shall not waive the contractor's obligation to provide
them. The City reserves the right to require complete, certified copies of all required insurance
policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said
Contractor may acquire against the Entity by virtue of the payment of any loss under such
insurance. This provision applies regardless of whether or not the City has requested or received
a waiver, of subrogation endorsement from the insurer.
PROOUCER
INSUREO
Fiamingo Insurance
1060 Lincoln Ave
San Jose, CA 95125
408 293-
ACORD",
CERTIFICATE OF LIABILITY INSURANCE
Agency
OATF- tM"M1DDIYVYY)
4/17/20,07
THIS CERTIFICATE IS ISSUED AS A MAnER OF INFORMATioN-.
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND. EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC#
INSURER A:
INSURER B: Fa
INGURER G:
Gail S. Seeds
1188 Rotenberg Ave
San Jose, CA 95125
COVERAGES
INSURER 0:
INSURER E;
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY NUMOF.R POLICY EFFECTIVE Pg~'~EY (~~M't,~'~N 'LIMITS
LTR fNJliR iYP€ OF tNM'RANr.r: DATE (MMIDOIYYJ
GENERAL. lIAntl..ITY EACH o(':.CURnENCE 1
I---
COMMERCIAL GI!NERAL L/AOILlTY ~~~~~;~~ ~F.:~~:'~~n~n 1
"- :J CLAIM" MAOE 0 OCCUR
f-.- ME.O EI<P (AI'V "hft "lJl:-.4')") $
PERSONAL ~ AOV INJURY !
GENI!RALAGGREGATE $
GEN'L AGGREGATE LIMIT AP~I.1ES PER " ~RODUCTS - COMPIOP AGG 1
'4 nPRO- n
POLICY JECT LOC
AUTOMOUlLE LIABILITY COMBiNED SINGLE LIMIT
- $
,\N', r\UTO (Eil nr.Cltlont) I
-
/\lL OWNED AUTOS DODlL V INJuRV
A X~ SCH(DULl~D AUTOS 153754361 04./29/07 0/2 9 07 'Po, p."."} 1? C:;() ()()()
I, . / .
HIRfO AUTOS OODIL y IN.lUnV
- 500,000
NON,OWNED AVTO~ (Pr.t nc<:idfJnl)
-
- PROI.'ERTY DAMAGE 100,000
(Pel ac:r.lctr.nl)
GARAGE. L1ADllITY AUTO ONLY - EA ACClDf.NT 1
==1 ANY AUTO OTHER mAN EA ACC 1
AUTO ONL Y: AGG 1
EXCESSIlHUIRELLA LIABILITY EACH OCCURRENCE 1 1 ()()() ()()(
B [Xl OCCUR 0 CLAIMS MADE 602267544 t\GCtREGATE s 1 rororo ()()(
03/13/07 03/13/08 $
R [JEDUCTIOL" S
RI;lF,NlI0N 1 S
WORKERS COMPENSATION AND I T";.,~:: ~:~I~;' I I ua
Ell
EMPLOYER" l.lADllITY
ANY ~.)HOPRIET()A1PARTNr.:.R'ExtCUTfVE EI.. EACH ACCIDENT $
OFflCERIMEMBER EXCLUOED?
E.L. OIGEASE - EA EMPLOyEE $
\I yq~. r1f)~.(.libt'1 IIlH1~1 E L. OISEASE, POLICY LIMIT 1
fiPEi.IM PROVISION;' hlllow
OHlER
OESCRIPTION Of OPEHATlONS f LOCATIONS I VEIIICLES / EXCLUSIONS ADDED BV ENDORSEMENT / SPECIAL
PROVISiONS JF1SF6357YH712025
2000 Subaru Forester Vin#
City and its officers, employees,agents, contractors,consultants, and
volunteers shall be covered as insureds with respect to liability arisi
.put of activities performed by or on behalf of the Consultant.
Certificat~ HOlder Additional ~n$
Th& City of Cupertino
10300 ~o~re ~venue
Cupertino, CA 95014
ACORD 25 {2001J08j
CANCELLATION
SIlOULD ANy OF THE ABOVE DESCRIBED POLICIES BE CANCELLED IIEFORE THE EXPIRA T10~
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL .3..0.- DAVS WRITTEN
NOTICE TO TIlE CERTIFICATE Hou~iR NAMED TO THE LEFT
'MA~-OS-2007(TUE) 09: 43
Lords Insurance Agency Inc.
(FAX)40S 2S9 5441
p, DOl/DOl
-.,. .. ~'.-
ACORD~ CERTIFICATE OF LIABILITY INSURANCE OP ID ;9 DATE (MMIDOIYVY'Y)
GGSCO~1 05/0e/07
PRObuCER THIS CERTlFlCATE IS ISSUED AS A MATTER OF INFORMATION
Lo;:ods Insu;:oan~e Agency of se ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Atlantic-pacifi~ Ins Srks, Ine !-lOI-OER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
474 E. 17th Sb::eet, #206 ALTER THE COVERAGE AFFORD EO BY THE POUCIES BELOW.
Costa Mesa, CA 92627
Pbone:949-642-6956 Fax: 949-646-6140 INSURERS AFFORDING COVERAGE NAIC#
.... . _.M___________.. OH'__.___ . '. G~~1i:P
INSURED INSuRER A: Hartford InSu;:oanC8
.......
INSURER Il:
GGS Consulting --.-..-. , ...... --, ....M
GaiJ. Seeds INSURCR c;
1276 Lincoln Ave #105 ......... ,-, "'... '....,---
San Jose CA 95125 INSURF.R 0;
INSUH!:K 10:
COVERAGES
THE POUCIES or INSURANCE LISTED BELOW HAVE B~N ISSUED TO Tl-IC INSURCD NAMCD ADOvt: FOR THlO POLICY PERIOD INOICA'I'fO. NOTWITHSTANDING
ANY KE':OUIKI:MfNl. iEHM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMEIIrT WITH RESPECT TO WliIClHI'IIS CCRTlRCATF. MAY 9F. ISSUED OK
MAY PERTAIN, Tlil: INSURANce AFFORDCD DY TI'iC POLlClCS DCSCRIDJ:D I,IG:RG:IN IS SUBJECT TO ^~t. THE TERMS, EXClUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGA.TE LIMITS SHOwN MAY HAVE ElEEN REDUCEO BY PAlO CLAIMS.
LTR lNSRI 'T"'t'PE 01' INSUFlAIIICF. pOLICY NUMBER 'D%!ID':~I1!~e- "8kfE"rrJ;b~N'" l.IMITS
GENERAL LIABILITY ~loccunRENCE $ 1000000
- . GFTO.RENTED' ,
X COMMCRCIIIL GG:NERAL LIABIUTY 57SBAU9587 t>Kf~,I,~~:lJEa occurancel $ 300000
- ~ CI....IMS MADE [!] OCCUR
- MG:D ~p (Any ono prr.On) S 10000
A ...!... B1.1si-ness'Owners 08/13/06 09/13/07 PERSONAL /I. AOV INJUJolY $ 1000000
ON__-. ,.... __
GeNERAL AGGREGATE $ 2000000
"'.H ~.,..., .... _ ..._._n... __.. "N" ---,._""'.",,,
GCN'L AGGRCGATC LIMIT APPLlCS PeR -~~~c:!S " COMPIOP AGG $2000000
Xl poLICY n f~8r nLOC
~10MOIlIl.E LIAllIl.ITY COMBINED SINGLE LIMIT $1000000
ANY AUTO lEa accldenl)
.... ". "..
ALL OWNl:D AUTOS IlODlL Y INJURY
- $
SCHEDULEOAUl'OS (Pc< pcr.;0ll)
-
A ...!... HIHJ::o AUTOS 57SBAA09587 08/13/06 08/13/07 IlODIL Y JNJU~
~. NON.QWNED AUTOS (per accident) $
~.. .-.. .--
PROPI;RTY OAMAGE $
(Po,r ".\;ident)
l/llGEI.'AI!IILI'l"Y AUTO ONLy - EA ACCIDr::NT $
--',' "-
Am AUTO OTHER THAN EA ACC $
--....- ..
AUTO ONLY: AGG $
EXCESSJUI\lBRELLA LIABILITY CAC~I OCC1)RRlONCE S
~ OCCUR 0 ClAIMS MAD!: AGGREGATE $
-, ..--
s
---=1
DCDUCTIOLC s
~,-,,,.. . ..-.
RF,TF.NTION $ S
WO~I<ERS CO,..PENSATIOIll ANti h'O~Y~L'IMiTS I IUb'
iOMPLOYERS'LIABILlTY ,.-. ..--
ANY PROPRlF,TOR/PARTNERlEXECUTIVE !:,L EACH ACCIDENT $
- _n__ ,_~. .
OFFICER/MEMBER EXCLUOEIJ? E..L_~I!lEASE-,~,~~LOY!':C $
~~clilP1i'ov:s1oNS b(1low E..L DI=C . POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS I LOCA 110NS I VEHICLES I EXCWS10NS ADDED BY ENDORS!':UENT I SPEt;lAL PROVISIONS
'1'hose usual to the insu;:oed op6;:oation. City of CUper'tino its off:i.ers,
employees, agents, contractors, consultants and volunteers are adderJ.
as Addi- t:io~l InU$red. per the business liablli ty coveraqe f:r:om S80008
CERTIFICATE HOLDER
City of Cupe:r:tino
10300 '1'o;:o;:oe Ave
Cupertino CA 95014
CANCELLATION
CITYCUP SHOULD ANY OF THE ABOVE DESl;RIBED POLICIES BE CANCELlED IlEFORE THE IOO'IRATION
DATI; TI-IEREO~."tHE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRJTTEN
1II011ce TO THE CERTIFICATE HOLDER NAUl:D TO THE LEFT, BUT FAILURE ro DO so SHALL
IMPOSE NO OIlLlGATlON OR UABILITY 01' ANI' 1<111I0 UPON THE INSURER,ITSAGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVI;
Libert:
(jl)ACORD CORPORATION 1988
ACORD 25 (2001/08)