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13-093 Cotton Shire & Associates, Review 95% Construction Documents for McClellan Ranch Environmental Education Center & Blacksmith Shop Renovation 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.cupertino.org CUPERTINO August 7, 2013 Cotton, Shires and Associates, Inc. 330 Village Lane Los Gatos, CA 95030-7218 RE: First Amendment to Agreement Enclosed for your records is a fully executed original copy of the first amendment to 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 City Clerk's Office Enclosure cc: Public Works P.O. No. 00058099 FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND COTTON, SHIRES AND ASSOCIATES,INC. FOR MCCLELLAN RAJ--;CH ENVIRONMENTAL EDUCATION CENTER AND BLACKSMITH SHOP RENOVATION PROJECT CONSTRUCTION DOUCMENT REVIEW This First Amendment to the Consultant Services Agreement between the City of Cupertino and Cotton, Shires and Associates, Inc. , for reference dated July 29, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Cotton, Shires and Associated, Inc. a California corporation, whose address is 330 Village Lane, Los Gatos, CA 95030-7218, (hereinafter "Contractor"), and is made with reference to the following: RECITALS: A. On June 17th, 2013, an agreement was entered into by and between City and Contractor(hereinafter "Agreement"). B. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. EXHIBITS section of the Agreement is modified to read as follows: The following attached exhibits herby are made a part of this Agreement: Proposals marked EXHIBIT A and EXHIBIT Al. 2. COMPENSATION section of the Agreement is modified to read as follows: For the full performance of this Agreement, CITY shall pay CONTRACTOR: The maximum compensation shall be $2,400.00, no change without written approval from the City. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 First Amendment Cotton,Shires and Associates,Inc. P.O. No. 00058099 IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Cotton, Shires and Associates, Inc. CITY OF CUPERTINO A Municipal Corporation B Dire of Public Works, Timm Borden Titler�v�c��c�( G �"Tcr Date_:71-31/0 Date L. 13 —�� RECOMMENDED FOR APPROVAL: By C P.W. Project Manager, arme yanugh APPROVED AS TO FORM: By C(b Carol Korade, City Attorney ATTEST: By (f--�Mt-J- I Grace Schmidt, City Clerk 't 3 Account No. 420-9133-9300 Amount$ 2,400.00 Page 2 of 2 First Amendment Cotton,Shires and Associates,Inc. TDITAI I EXHID COTTON, J' HIRES AND ASSOCIATES, INC. i CONSt3L'fING LNGINLCRS ANl).G1.OLOG-IS'rb i f July 26,2013 F51.43A By Email (CarmenL©cupertino,org) and Mail j Carmen I_.ynaug I CITY OF CUPERTINO Public Works Manager 1;0300 Torre Avenue ' Cupertino, Citlifornia 95011 f SUBJECT: Request For Additional Funds Geotechnical Services--Plan Review RE: Proposed Environmental Education Center and Blacksmith Shop - McClellan Ranch Cupertino,California Dear Ms:Lyn.augh: The purpose of this letter is for Cotton, 'Shires and Associates; Inc. (CSA) to request additional funds to .cover our tai-anticipated scope of work items performed during the plan.review phase of the above 1.efcrerrced project. Our un-anticipated scope of work Items included the followh-ig: 1) providing a supplemental plan review of the mocbfiedl plans; 2) preparing a second plan review letter, 3) completing City required i forms; and 4)participating in several conference calls with'the.project team. CSA respectfully requests an additional $1,200 be added to our plan review budget, to cover out fees associated with The above described un-anticipated scope of work items. A.GRL'EMENT If you agree with the Scope of Work, Schedule, and Fee outlined above, as well as t•11e attached Schedule of Charges, Lindtat ons, and Terns, please .sigh one copy of this lra•olgosal and return it to our Office, Receipt of the signed proposal will constitute authorizat=ion for us to proceed. Northern caufatudaofiire Central Cnl.lfornia Office 8011thera California Office 330 Vilinge Lane 6417 Dogtc)wn Rond 5,90 St.Chartes Drive,Suite 108 Los Gatos,,CA 95030-7218 San Attdretti%,CA 952.49-96.40 Thousand i Wks—CA 91360.3995 (408)354-5,9412•Fax(408)354-1.852 (`2.(39)736-4252-ha>:(209)736-1212 (605)497-7999 Fax(805),197.1933 www,coitonshires.coal Ms. Carmen Lynaugh. July 26,2013 Page 2 r,5143A i I We look forward to providing; you with the professional services discussed above. If you have any questions, or need additional information, pleas¢contact us. Respectfully submitted, COTTON,SHIRES AND ASSOCIATES,INC. David T.:S.chrier Principal Geoteclilaical Engineer GE 2334 Reviewed - Ted Sayre,Principal Engineering Geologist CEG 1795 A11A i i i Approve land and Atttllorized By Date TS:DTS:sl Attachment:Sclledi-ile of Chax..ges, Limitations and Terms �I k I I Co'fTON,,SIIIRES ANU Ass.oCIATES, INC. CITY OF 12 McClellan Ranch Environmental Education CUPERTINO Center & Blacksmith Shop Renovation Project Construction Document Review ADDITIONAL ENCUMBERANCE NO. I July 29,2013 Contractor: Cotton, Shires and Associates, Inc. 330 Village Lane Los Gatos, Ca 95030-7218 The following change is hereby approved and request for additional encumbrance: IA. Additional review of Oak at Blacksmith Shop $1,200.00 Total Additional Encumbrance'No. 1 $1,200.00 Total Project Encumbrance: Original Contract $1,200.00 Additional Encumbrance No. 1 $1,200.00 Revised Contract $2,400.00 ORIGINAL P.O. NUMBER: 58099 ACCOUNT NUMBER: 420-9133-9300 - $2,400.00 APPROVED BY: Timm Borden, P.E. Director of Public Works Date C- ! ' �/ OFFICE OF THE CITY CLERK • CITY HALL 10300 TORRE AVENUE•CUF'ERTINO, CA 95014-3255 `'S.19sr TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 4, WEBSITE:www.cupertino.org CUPERTINO July 2, 2013 Cotton Shires &Associated, Inc. 330 Village Lane Los Gatos, CA 95030 Re: Agreement Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777- 3354. Sincerely, ..._.'t—..ThkAtk,t Itt, :L/U.bc Brittany Carey _ Senior Office Assistant City of Cupertino Enclosure cc: Public Works • CITY OF AGREEMENT \�/ CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO 408-777-3200 NO. ` �� THIS AGREEMENT, made and entered into this 17th day of June, 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Cotton, Shires And Associated, Inc., whose address is: 330 Village Lane, Los Gatos, CA 95030-7218, Phone no. 408-354-5542 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: Review of 95% construction documents for the McClellan Ranch Environmental Education Center and Blacksmith Shop Renovation Project Check box if services are further described in an Exhibit. 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 June 17, 2013 and shall be completed no later than August 31, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: The maximum compensation shall be $ 1,200.00, no change without written approval from the City. 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 -easonable 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. Page 1 of 3 Cotton, Shires &Assoc. -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: $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 Page 2 of 3 Cotton, Shires&Assoc. -Agreement 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 COORDINATOR and representative for CITY shall be: NAME:Carmen Lynauah 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�v(ivV�� ` � c By ..,A /. - - -L Title hrlhc,pcki er,le-44 ICcl-t. FiAff 1k ,^ Carmen Lvnaugh, Publi•/ orks Prof Manage CAM-ov��5kt,re5 oona. 5Sock J nc i APPROVALS EXPENDITURE DISTRIBUTION DEP D DATE ACCOUNT NUMBER AMOUNT t( 420-9133-9300 $1,200.00 CIT ORNEY APP'+VEDA TO FORM DAT lO .2 -113 _ �� i 3 Cl CLERK: A A , t, 2,s-b3 Page 3 of 3 Cotton, Shires &Assoc. -Agreement • EXHIBIT A COTTON, SHIRES AND ASSOCIATES, INC. CONSULTING ENGINEERS AND GEOLOGISTS June 17,2013 55143A By Email(CarmenLQcupertino.org)and Mail Carmen Lynaugh CITY OF CU.PERTINO Public Works Manager 10300 Torre Avenue Cupertino,California 95014 SUBJECT: Proposal for Geotechnical Services—Plan Review RE: Proposed Environmental Education Center and Blacksmith Shop — McClellan Ranch Cupertino, California Dear Ms.Lynaugh: Cotton, Shires and Associates, Inc. (CSA) is pleased to provide you with this proposal for supplemental geotechnical services. It is our understanding that the City of Cupertino would like CSA to review the 95% plans for conformance to the recommendations provided in our May 2, 2013, updated •geotechnical investigation report. We will review the provided plans and prepare a plan review letter documenting the results of our review and conformance to the recommendations provided in our investigation report. We propose to invoice the City for our services Monthly,on a time-and-expenses basis :in accordance with the attached Schedule of Charges. We estimate that our plan review fee for the services outlined above wilt. be approximately $1,200, for a total amount not to exceed amount of$1,200 without prior written authorization. AGREEMENT If you agree with the Scope of Work, Schedule, and Fee outlined above, as well as the attached Schedule of Charges, Limitations, and Terms, please sign one copy of this proposal.and return it to our office. Receipt of the signed proposal will constitute .authorization for us to proceed. Northern California Office Central California Office Southern California Office 330 Village Lane 6417 Dogtown Road 550 St,Charles Drive;Suite 108 Los Getos,CA 95030.72JS San Andreas,CA952199640 Thousand Oaks,CA 91350.3995 (408)354.5542•Fax(408)354-1852 (209)736-4252•Fax(2059)7384212 (805)497,7999•Fax(805)497-7933 www.cottonshires.com Ms.Carmen.Lynaugh June 17,2013 Page 2 E5143A We look forward to providing you with the professional services discussed above. I.f you have any questions.,or need additional information,please contact us. Respectfully submitted, COTTON,SHIRES AND ASSOCIATES,INC.. kQ U� David T.Schrier Principal Gee technical Engineer GE 2334 •Reviewed By: fr Ted Sayre,Principal Engineering Geologist CEG 1795 At A Approved: nd Authorized By Date TS:DTS:si Attachment:Schedule of Charges,Limitations and Terms COTTON,SHIRES AND ASSOCIATES, INC. COTTON, SHIRES & ASSOCIATES GEOTECHNICAL CONSULTANTS 330 Village Lane, Los Gatos, California 95030 (408) 354-5542 (408) 354-1852 FAX RECEIVED LETTER OF TRANSMITTAL JUN 1 9 2013 TO Ms. Carmen Lynaugh Date June 18,2013 CITY OF CUPERTINO Project No. E5143A PUBLIC WORKS DEPARTMENT Public Works Projects Manager Project Name McClellan Ranch- Environmental Education Center 10300 Torre Ave Cupertino,California 95014 WE ARE TRANSMITTING: NO. OF COPIES: THE FOLLOWING: FOR: Under separate cover Plans Your approval Herewith Sepia(s)/Mylar(s) Your use X Via mail 2 Specifications Your files Via UPS Letter(s) Your revision Via overnight service Report(s) Your information Hand delivered Photograph(s) X Your signature Other: X_ Other As requested Color Copies Bid COMMENTS/DESCRIPTION Dear Ms. Lynaugh: Enclosed are two signed copies of the agreement for plan review of the McClellan Ranch Environmental Education Center. If you have any questions,please do not hesitate to call. BY IP[� AMY David T. Schrier