13-009 Hawley Peterson Snyder Agreement, Senior Center Flooring Specified Services �/ OFFICE OF THE CITY CLERK
• CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
`1.19s TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
•
WEBSITE:www.cupertino.org
CUPERTINO
February 5, 2013
Hawley Peterson Snyder
444 Castro Street, Suite 1000
Mountain View, CA 94041
An original copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
I
Brittany Carey
Senior Office Assistant
City of Cupertino
Enclosure
cc: Public Works
CITY OF
AGREEMENT
Y-
CITY OF CUPERTINO
/ , \ 10300 Torre Avenue
CUPERTINO
^0 13 Cupertino,CA 95014
v� y'v 408-777-3200 NO.
THIS AGREEMENT, made and entered into this 30th day of January 2013 is by and between the CITY
OF CUPERTINO (Hereinafter "CITY") and Hawley Peterson Snyder-
(address: 444 Castro Street-Suite 1000, Mountain View, CA 94041; telephone no.: (650) 968-2944; email:
hpsarch.com) (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:
• Tour building and gather information;
• Review flooring product pricing with City and Installer;
• Select flooring options for Reception room and Crafts room;
• Review options with Staff;
• Deliverable: Document selected options.
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
30 January, 2013 and shall be completed no later than 01 March, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$3,550.00
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 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, with respect to all services performed in connection with this Agreement that arise out of,
pertain, or are related to the negligence, recklessness, or willful misconduct of 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.
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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.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of
CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate- all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Contractor shall look
solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer
providing comprehensive general and automotive liability insurance to either Contractor or City with
respect to the services of Contractor herein, a waiver of any right to subrogation which any such
insurer of said Contractor may acquire against City by virtue of the payment of any loss under such
insurance.
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[Sr Center-130130-flooring spec-HPS agrmt]
Termination of Agreement. The City reserves the right to terminate this Agreement with or without
cause with a seven (7)-day notice. The Contractor m,ay 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
undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor
is not authorized to bind the City to any contracts or other obligations in executing this Agreement.
Contractor certifies that no one who has or will have any financial interest under this Agreement is an
officer or employee of City. City shall have no right of control as to the manner Contractor performs
the services to be performed. Nevertheless, City may, at any time, observe the manner in which such
services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including,but not limited to, unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Katy Jensen, CIP Manager DEPARTMENT: Public Works
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:
By 1 By
Title I'M fk • (� (� Title: C I P ►�1� e-,�
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APPROVALS EXPENDITURE DISTRIBUTION
DEP r,4 ENT HEAD DATE ACCOUNT NUMBER AMOUNT
/7//)3 7 110-6500-7014 $3,550.00
r i'Y P r i ANTED TO FORM DATE
CITY CLERK: ATTES DATE
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