13-170 Gilbane Building Company, Consultant Service for Cost Estimating for McClellan Ranch Environmental Education and Blacksmith Shop Relocation Project OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupE!rtino.org
CUPERTINO
November 5, 2013
Gilbane Building Company
1798 Technology Drive, Suite 120
San Jose, CA 95110
RE: Agreement
Enclosed for your records is a fully executed. original copy of your agreement with the
City of Cupertino. If you have any questions, please contact the Public Works Department
at (408) 777-3354.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
cc: Public Works
Enclosure
CITY OF
AGREE=MENT
~�-- CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CUPERTINO V 408-77-1 -3200 P.O. NO. (/UU
THIS AGREEMENT, made and entered into this 17th day of October, 2013 is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Gilbane Building Company, 1798 Technology
Drive, Suite 120, San Jose CA 95110 (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: Cost
Estimating for McClellan Ranch Environmental Education and Blacksmith Shop Relocation
Project
Check box if services are further described in an Exhibit. 21
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal
marked Exhibit A
TERM: The services and/or materials furnished under this Agreement shall commence on October
18, 2013 and shall be_complted no later than November 15, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Maximum compensation to be paid to Consultant under this agreement shall not exceed THREE
THOUSAND DOLLARS ($ 3,000).
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.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
Page 1 of 3
Gilbane Agreement
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
$1,000,000
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
undersigned. At all times, Contractor shall be deemed to be an independent contractor and
Page 2 of 3
Gilbane Agreement
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: Carmen Lynaugh, Public Works Project Manager
This Agreement shall become effective upon its (-xecution by CITY, in witness thereof, the parties
have executed this Agreement the day and year first written above.
CONTRA R: CITY OF CUPERTINO:
B B
Y Y
Title Katy Jen e aapital Improvement Program Manager
APPROVALS EXPENDITURE DISTRIBUTION
DEPA T EN HEAD DATE ACCOUNTNUMBER AMOUNT
420-9133-9300 $ 3,000.00
o zde�L
CITY AT E` ED AS O FORM DATE
H-`(- i3 f )
CITY6LERK: ATTESTY`^ Vvu - DATE
Page 3 of 3
Gilbane Agreement
E .�'�'.HIBITA
October 29, 2013
City of Cupertino
Department of Public Works
10300 Torre Ave.
Cupertino, CA 95014
Subject: Estimate for Environmental Education Center and Blacksmith Shop Relocation
Dear Ms. Carmen Lynaugh,
Our fee proposal is Three Thousand Dollars ($3,000) for construction cost estimating services
related to the subject conformed plans and technical provisions dated September 30, 2013. The
construction cost estimate (estimate) will be delivered to you.on or before 8:00am, November 4,
2013. The estimate will take into consideration local market conditions. We understand the
estimate may be used in developing a revised project budget for City Council approval in
November or December 2013.
Please let us know if you have any questions. Thank you.
Si c rel ,
G nn Rock
Senior Project Manager
Gilbane Building Company 1 1798 Technology Dr.,Suite 120 I San Jose, CA 95110 1 Tel: 408-660-4400 1 Fax:408-660-4402