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13-047 Agreement, Gilbane Building, constructablility/biddabilty review of plans and specs, Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 / CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3354•FAX: (408)777-3333 DEPARTMENT OF PUBLIC WORKS CUPERTINO June 28, 2013 Mr. Keith Ulinger,Director of Projects Robert A. Bothman, Inc. 650 Quinn Avenue San Jose, CA 95112 TRANSMITTAL: Stevens Creek Corridor Park and Restoration, Phase 2,Project 9134 Executed Contract Change Order #1 Dear Mr.Ulinger, Enclosed is a fully executed original copy of Contract Change Order#1 to Robert A.Bothman's contract with City of Cupertino for construction of the above-referenced project. The City has retained an original copy also. You may proceed.with the authorized change. Please let us know if you have any questions. Sincerely, ails s Park Restoration and Improvement Manager Enclosure cc: City Clerk (w/original), File 92,069.02/9134.05- construction contract G. Rock—Gilbane Building Co. CITY OF rakjl STEVENS CREEK CORRIDOR RESTORATION & PARK- PHASE 2 PROJECT NO. 2010-9134 CUPERTINO CONTRACT CHANGE ORDER NO. 001 DATE: June 25,2013 CONTRACTOR: Robert A. Bothman, Inc. 650 Quinn Ave San Jose, CA 95112-2604 The following changes are hereby approved,notwithstanding language in any attachment to the contrary,Contractor agrees that the amount paid pursuant hereto is full and complete compensation for the work described herein for each and every entity involved in the project who is being compensated hereunder and that each and every claim for any cost or schedule impact such as a delay,impact, inefficiency,acceleration,extended overhead,increased supervision,compression and all other factors affecting cost arising from the subject of this Change Order is hereby released and waived by all such Subcontractors and suppliers at all tiers. Change City Field No. Authorization No. Description $ 1 To substitute video training per the attached conditions 0.00 for site conducted training identified in Special Environmental Conditions 00820.1.03.A and 00820.1.05.0 Total Change Order No. 1 $0.00 Total Project: Original Contract $3,063,900 Change Order No. 001 $0.00 CCO No. 001 $0.00 Revised Contract $3,063,900 Total of Change Orders $0.00 Schedule Impact: None Project Final Completion Date: November 30,2013 P.O. No.: Account No.: Change Order No. 001 Page 1 CITY OF \` �� STEVENS CREEK CORRIDOR RESTORATION & PARK- PHASE 2 i' PROJECT NO. 2010-9134 �yt.l yJS CUPERTINO CONTRACT CHANGE ORDER NO. 001 REVIEWED BY: APPROVED BY: I r f \i jja C A City of Cupertino City of Cupertino Gail Seeds Timm Borden Park Restoration and Improvement Manager Director of Public Works • Date: F �- Date: �P Z8 24:2/� Gilbane Building Company Robert A. Bothman, Inc. Glenn Rock Keith Ulinger Senior Project Manager Director of Projects Date: 4128/1 Date: / Change Order No. 001 Page 2 Project No.2010-9134 DOCUM E NT 00660 CCO 001 SI BSETTITION PFQ1'1-ci Vf)10! To The City of Cupertino, A Municipal Corporation of the State of California c't,'try") Project. Si i.:VEINS CREEK CORRIDOR PARK & RF,STOR A PION PH A SE 2 Robert A. Bothman Contractor__ _ Subcontractor/Supplier: Drawing Sheet Keferenrrif Ifrtaft No, ..... The undersigned Bidder submits for consideration the following equipment instead of the specified item for the above project: Section EKNaull 00820 1 . 05C Employee Education Program 00820 1.03A Tailgate Meeting Proposed Subst,mtion: RAE will record by video the first presentation of training. Subsequent training will require to watch the full video presentation. The undersigned encloses the information required herein. if this Document 00660 is being submitted by a Bidder wishing to use"or equal"item(s)as provided in Document 00200(Instructions to Bidders), the undersigned Bidder must also enclose the technical information (other than cost) otherwise required for a post-Award of Contract Request for Substitution("RFS")under Section 00700(General Conditions). However, If this Document 00660 is being submitted under provisions of Contract Documents after Award of Contract, the undersigned Contractor must include alt information required under Section 00700(General Conditions) The undersigned has(a)attached manufacturer's literature, including complete technical data and laboratory test results, if applicable,(b)attached an explanation of why proposed substitution is a true equivalent to specified item,(c)included complete information on changes to Drawings and Specifications that the proposed substitution will require for its proper installation,and(d)filled in the blanks below: A, Does the substitution affect dimensions shown on Drawings? B. Are the manufacturer's guarantees and warranties on the proposed substitution items identical to those on the specified items? If there are differences,please speci3,each and every difference in detail. N.A. C. What effect does the substitution have on other contractors,trades,or suppliers? N.A N.A. City of Cupertino 00660- I Substitution Request Form Stevens Creek Corridor Park&Restoration Phase 2 Project No 20l 04i]4 co{] 001 I` «/|m, are Ole J/Krreuc,sbu"=n the p* ro�rdmh,tmz.*n and the sp,c,8wd .te"` |rpnu~cJ `:I.,*'*.nh.. a color m pattern, p",vidr a odor hoard shm°mcrmroL;eJ :t.,hxvu,inn = rciwiowm the n8^,^l,',.^ .../,. :ii nit p,rr"'. G.&. ���_-__�_-_ _ __� _- - �� __' ' _ . . .. °~—. ... '^.. ^�.� ....^.`.. ` `.^� ^^' . .. ^ .. ..,.` .. `~ ..'�'�~~^. ..`. No ______ _ ______ _ ____________ lbeundersignod Bidder certifies that the function,appearance, and quality of the proposed substitution are xq:i`a|cot or u`p,,imco those n/the specified item Submitted by: A.Robert �� Bothman For Use b)[,tr• Bidder' [note _ x'xqmcd _ Accepted a: Noted Not Accepted Received Too Late Ferdinand Qagoi 13y- _'__________ same Cit:y'sRepresentative Dm, 650 Quinn Avenue cooe ------------------- -'- _����__ _ �� _ ������������ ��� Address Remarks: � Sao Joae, Ca 95II2 ------------------- ---- _ _ _ [hY/So*eiZip -----''----------'-----------------� Telephone: 408-279-2281 - � /�Y /10/U� c� / ENDOFDOCLMEmT City of C ertbum 00660 2 Substitution Request Form Stevens Creek Corridor Park&Restoration Phase 2 CITY OF CUPERTINO SUBSTITUTION REQUEST Project No.: 2010-9134 Specification Reference:00820 1.05.0 and 00820 1.03.A CONDITIONS FOR REQUEST ACCEPTANCE: The Stevens Creek Corridor Restoration& Park Phase 2 Project(Project) contract documents include provisions that incorporate mitigation measures required under the Project's Initial Study and Mitigated Negative Declaration. Specifically, Mitigation Measures CUL-1 and BIO-lb were established for cultural and biological resources for the Project and appear in specification section 00820 1.03.A and 1.05.0 respectively. Additionally, the Employee Education Program requirement states that: "Contractor shall provide City with at least fifteen (15) days advance notice of initiation of project activities so that Education Program can be scheduled. City's representative will conduct an Education Program in the City of Cupertino within two weeks of such notification. Contractor shall be responsible for arranging for attendance by all personnel working at the site, including but not limited to subcontractors, foremen, superintendents, employees and contractor's representatives. If subsequent Education Programs are needed because contractor personnel at the site have not received this required education, City reserves the right to charge Contractor for the cost." Because of the potential impacts to these resources., the requested substitution by the Contractor for `video [training] of the first presentation' in-lieu of City representative provided training is rejected because it lacks sufficient information. However, the Contractor has indicated its difficulty in meeting the condition where `all' Contractor personnel are available at the inception of the Project and potential cost to Contractor for subsequent training sessions. In response to this difficulty, the City may accept the substitution request if the Contractor agrees to the following conditions for both 1.03.A and 1.05.0 training. 1. Video: The video shall capture the presentation in such a manner to provide quality audio and visual information to all Contractors' personnel working at the site to assure optimum training outcomes. Audio must be clear, consistent and audible without adjusting volume throughout the video delivery method. Extraneous noises not related to the City representative's presentation shall be limited. Visual images must be focused on the City's representative and/or to a point of reference the City's representative has called attention to. Visual quality should be clear, consistent and without distractions. Stevens Creek Corridor Restoration & Park Phase 2 1 Distractions include but are not limited to jittery, skipping or bumped images, over or under exposure or other visual quality impairments. A copy of the video shall be provided by the Contractor to the City for City review and approval. Once approved by the City, the Contractor shall provide the City with a copy of the video and the Contractor shall maintain a copy of the approved video at the Project site until the Project is accepted by the City. 2. Training coordination: At the City's discretion, a City representative may be present at all video training occurrences. In order to facilitate City attendance, the Contractor shall provide the City a minimum of five working day notice prior to conducting video training. 3. Training certification: At the conclusion of the video training, each Contractor personnel shall sign a training certification form that they have received and understood the training content. Contractor personnel shall not be allowed on the Project site until Contractor personnel have received the training and signed the training certification form. The Contractor shall maintain a binder of original signed training certification forms at the construction site and provide the City one copy of each original within 2 days of the training occurrence. The binder shall become the training record. 4. Training records: Access to Contractor training records may be requested by the City or a City representative at any time. Random checking of Contractor personnel on the job site by the City or City representative may occur at any time. Contractor personnel that have not received the training or do not have a signed training certification on file will be immediately removed from the Project site until such time that the Contractor demonstrates that Contractor personnel possess training certification as described above. Removal of Contractor personnel under this condition shall be at no cost or schedule delay to the City. Stevens Creek Corridor Restoration & Park Phase 2 2 fs/V/ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE CUPERTINO, CA 95014-3255 ■yS.�9s TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 WEBSITE:www.cupertino.org CUPERTINO April 10, 2013 Gilbane Building Company 1798 Technology Dr. Ste. 120 San Jose, CA 95110 Re: Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 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, V Kirsten Squarcia Deputy City Clerk Enclosure cc: Public Works CITY OF 1/� AGREEMENT / CITY OF CUPERTINO 10300 Torre Avenue CUPERTINO Cupertino,CA 95014 408-'777-3200 NO. L C7-' ZVJ* THIS AGREEMENT, made and entered into i:his 18th day of March 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Gilbane Building Company, 1798 Technology Drive, Suite 120, San Jose, CA 95110, telephone 408-660-4400, fax 408-660-4402 (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: Conduct a constructa•' ' is•• • .bility review of the plans and specifications for Stevens Creek Corridor Park and Restoration Phase 2, Project 9134 and submit findings to City. Check box if services are further described in an Exhibit. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit B, Fair Employment Practices TERM: The services and/or materials furnished under this Agreement shall commence on March 19, 2013 and shall be completed no later than August 31, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A maximum not to exceed$2,500.00 without C:[TY approval. 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 deai:h 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 Page 1 of 3 Gilbane-Cupertino Agreement 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. Page 2 of 3 Gilbane—Cupertino Agreement 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 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: Gail Seeds 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. CONTRAC OR: CITY OF UPERTINO: By L4IVO �% / ii By toriap_A Title:Senior Vice President Title: Park. 1411-1/0 Sy% It icp ove it" Soc.Sec. #or Tax I.D 05 - 049' 5530 /1'iUr►�j erg' APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT V I /13 427-9134-9300 $2,500.00 CITY j1TTORNEY APPROVED AS TO F DATE, / l CITY QRK DATE 1 f ! ) Page 3 of 3 Gilbane-Cupertino Agreement 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, sex, 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) DATE(MM/DD/YYYY) • .`Co" CERTIFICATE OF LIABILITY INSURANCE 03/222013 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(ies) 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). C' ) 'D 0 PRODUCER CONTACT NAME: Aon Risk Services Northeast, Inc. PHONE (866) 283-7122 I FAX (847) 953-5390 d Provi dence RI Office (NC.No.Ext): (NC.No.): 'p 100 Westminster Street, 10th Floor E-MAIL O Providence RI 02903-2393 USA ADDRESS: I INSURER(S)AFFORDING COVERAGE NAIC# INSURED INSURER A Liberty Mutual Fire Ins Co 23035 Gilbane Building company INSURERB:- Liberty Insurance Corporation 42404 Seven Jackson Walkway Providence RI 029400000 USA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:570049307670 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 INSR ADDL SUER POLICY NUMBER POLICY EFF POLICY EXP- LIMITS LTR TYPE OF INSURANCE INSR WVD bMM/DD/YYYY1 tMMIDDIYYY' • A GENERAL LIABILITY T82611259068022 6/30/2012 0b/30/2013 EACHOCCURRENCE $2,000,000 DAMAGE TO RENTED $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) CLAIMS-MADE OCCUR MED EXP(Any one person) $10,000 PERSONAL 8 ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 r 0 PRODUCTS-COMP/OP AGO $4,000,000 v GENt AGGREGATE LIMIT APPLIES LIEES PER'. o —I POLICY I X I PRO- 'I y I LOC o N- . A AUTOMOBILE LIABILITY AS2-611-259068-012 06/30/2012 06/30/2013 COMBINED SINGLE LIMIT $1,000,000 to fEa accident) BODILY INJURY(Per person) 0 X ANY AUTO z ALL OWNED —SCHEDULED BODILY INJURY(Per accident) d AUTOS _ AUTOS PROPERTY DAMAGE V HIRED AUTOS NON-OWNED (Per accdent) w _.AUTOS it 0) A X UMBRELLA LIAB X OCCUR TL2611259068052 06/30/2012 06/30/2013 EACH OCCURRENCE $10,000,000 0 AGGREGATE $10,000,000 EXCESS LIAR CLAIMS-MADE DED I (RETENTION B WORKERS COMPENSATION AND WA761D259068032 06/30/2012 06/30/2013 X I WORM NM' I IERH . EMPLOYERS'LIABILITY Y I N ANY PROPRIETOR I PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? I N I N I A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000— Ell ails DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space is required) a RE: Project: city of Cupertino, 10300 Torre Avenue, Cupertino, CA. City of Cupertino is included as Additional Insured with �_ respect to the General Liability and Automobile Liability policies; granted a waiver of subrogation for General Liability and Automobile Liability policies, but limited to the operations of the Insured under said contract. 4• CERTIFICATE HOLDER CANCELLATION . x SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE _.J� EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE -- POLICY PROVISIONS. City of Cupertino AIJTHORIZED REPRESENTATIVE I? 10300 Torre Avenue •��i Cupertino CA 9$014 USA a � � ag , aO in ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD •