13-199 Cumming, Master Agreement for Cost Esimating ServicesCITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296 Service Order No.: 10
Maximum Compensation: $ 9,500.00 Account No.: 100-82-806-700-702
Term: NTP: January 18, 2016
END DATE: March 31, 2016
Approval by: City Manager D
City Council D Director cg]
Item Number:
Consultant: Firm Name: Cumming
Date:
Date:
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Cost Estimating for CIP Projects
D Description: (simple project description if appropriate)
cg] Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department:
Project Manager:
City of Cupertino
Cumming
Public W arks
Alex Acenas
Service Order # 10
Page 1of3
FISCAL/BUDGET
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Master Agreement Maximum Compensation: Amount: $140,000
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CIP, SO#: lActual: CLOSED $ 6,825
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2: CLOSED $ 2,800
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 CLOSED $ 9,800
ENCUMBER: Account No. 420-9270-9300, Solar Install, SO#: 4 CLOSED $ 3,500
ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO#: 5 CLOSED $ 7,175
ENCUMBER: Account No. 215-9620-9300, Monta Vista SD, SO#: 6 CLOSED $ 3,000
ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO#: 7 CLOSED $ 8,400
ENCU:tvIBER: Account No. 420-99-020-900-905,
Simms House Removal, SO #8 CLOSED
ENCUMBER: Account No. 100-82-806-700-702,
Quarterly Market Reports, SO #9 CLOSED
Total Encumbered to Date:
Current unencumbered amount in Master Agreement:
ENCUMBER: Acc. No. 100-82-806-700-702, CIP Estimates, SO #10
Contract Manager:
APPROVALS
Total Encumbered to date including this S.O.:
Master Agreement Balance:
/~ l1A('' n /J -· V'l/···1-~~ Date:
Director of Public Works: f!tv 4 }e,,, ..,,,,--
, () Date: I b-1 /7of/p I I
$ 2,960
$16,700
$ 61,160
$ 78,840 $9,500~/&
$ 88,340
$ 51,660
City of Cupertino
Cumming
Service Order # 10
Page 2 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: __ __,~,,__· ___ ·_,"f-~---------Date: v l f v::r/ \ L
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance: 100-82-806-700-702 (Old Acc.# 110-8103-7014)
Service Order Encumbrance Amount: $ 9,500
City of Cupertino
Cumming
Service Order # 10
Page 3 of 3
INTRODUCTION
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 10
Cost Estimating Consultant Services
Service Order #10 under a Master Agreement for Cost Estimating Consultant Services dated November
19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A" to Service Order (SO) No. 10, defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for Cost Estimating for CIP Projects.
ITEMA:
ITEMB
ITEMC:
ITEMD
ITEME:
ITEM A:
DESCRIPTION OF PROJECT
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
DELIVERABLES
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
Prepare accurate and realistic construction costs estimates, including direct and indirect
construction costs for the City to use in our Capital Improvement Program (CIP) budgeting
process. The CIP list contains approximately 14 separate projects, which includes re-estimating
of a few projects from last CIP.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULTANT: Cumming
Nick Mata
475 Sansome Street, Suite 520
San Francisco, CA 94111
415-748-3080
nmata@ccor12usa.com
City of Cupertino
Cumming
CITY: Department of Public Works,
Alex Acenas, Public Works Project Manager
10300 Torre Ave.
Cupertino, CA 95014
408-777-3232
alexa@cu12ertino.org
Service Order #10 -Attachment A
Page 1of3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 10
ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSUL TANT shall perform the following specific services:
TASK 1.0 Statement of Probable Cost
Produce a single Statement of Probable Cost (SOPC) at the master plan level of design. Included in
this task is the following scope:
1. scope review phone conference including (1) hour document download and preparation.
2. template preparation, report compilation, and quality control I peer review.
3. architectural, structural, and site quantification and pricing.
4. (1) site visit.
5. mechanical I electrical I plumbing support as required.
6. follow-up phone conference with City of Cupertino staff, and (4) hours for report revisions
based on City of Cupertino staff feedback.
7. Excludes additional revisions and site visits and reconciliation of the SOPC with third party
estimator, if needed may be authorized by City using Additional Services.
ITEM C DELIVERABLES
The CONSULTANT shall deliver the following Items to the CITY under this SO:
TASK 1.0 Statement of Probable Cost (SOPC) for each of the CIP projects for the requested Fiscal
Years.
ITEM D SCHEDULE OF PERFORMANCE
Provide Draft SOPC by February 5, 2016
All work under this Service Order shall be completed by March 31, 2016
DELIVERY SCHEDULE
The task deliverables in Item C shall be received by the CITY as indicated below:
TASK 1.0 Deliver Draft of SOPC within 2 week of the NTP and final SOPC within 1 week from
City comments
City of Cupertino
Cununing
Service Order #10 -Attachment A
Page 2 of 3
ITEME COMPENSATION
A. Base Compensation
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 10
The maximum compensation for this Service Order, including both payment for professional services,
additional services and reimbursable expenses, shall not exceed NINE THOUSAND FIVE HUNDRED
DOLLARS($ 9,500). CONSULTANT agrees that it shall perform all of the services set forth in this
Attachment A of this Service Order, except for any additional services required, and inclusive of
reimbursable expenses, for the amount of EIGHT THOUSAND FIVE HUNDRED DOLLARS ($ 8,500).
The maximum amount of Additional Services are authorized under Service Order of this Attachment A
is ONE THOUSAND DOLLARS($ 1,000). Any hours worked for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master
Agreement.
C. Additional Services.
CONSULT ANT shall not perform Additional Services without prior written authorization of the CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of ONE THOUSAND DOLLARS ($ 1,000) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result
in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized
Additional Services rendered during the previous month. In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
City of Cupertino
Cumming
END OF ATTACHMENT
Service Order #10 -Attachment A
Page 3 of 3
SECOND AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND CUMMING FOR COST ESTIMATING CONSULTANT
SERVICES
This Second Amendment to the Agreement between the City of Cupertino and
CUMMING, for reference dated October 15, 2015, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and CUMMING (a California
Corporation) whose address is 475 Sansome Street, Suite 520, San Francisco, CA94111;
telephone no. (415) 748-3093 (hereinafter "CONSULTANT"), and is made with
reference to the following:
RECITALS:
A. On November 19, 2013, an agreement was entered into by and between
CITY and CUMMING (hereinafter "Agreement").
B. On November 20, 2014, the CITY and CONSULTANT entered into a First
Amendment to this Agreement (hereafter, the Agreement and the First Amendment are
collectively referred to as the" Agreement")
C. CITY and CONSULTANT 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. TERM:
The term of this Agreement shall commence on the date the agreement is executed and
shall terminate on June 30, 2016 unless terminated earlier as set forth herein.
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 1of2
Second Amendment
Master Agreement for Cost Estimating Consultant Services -Cumming
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
CUMMING 4 l~ , ;/
By . ,../c/ ~..___> ;(
Title A 'Y::>De-~""-~e-01reJ:;;
Date (2/67 /zo;tO'
475 Sansome St., Suite 520
San Francisco, CA 94111
Phone no. 415-748-3093
Second Amendment
CITY OF CUPERTINO
A Municipal Corporation
By ~dL r Director o "clJli{;works, Timm Borden
AJ'Po~ED AS TO FORM:
_ a wt; APJMMd&-w~ty Attorney,~
ATTEST:
Byfif:£U
Citycerk/ Grace Schmidt / 2-J._2-~(.)
Account Nos.: BY SERVICE ORDERS
Total Contract Amount: $140,000
(Amendment No. 2 Amount: $ 0)
Page 2 of 2
Master Agreement for Cost Estimating Consultant Services -Cumming
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $16,700
Term: NTP: October 15, 2015
Approval by: City Manager
City Council
Service Order No.: 9
Account No.: 100-82-806-700-702
END DATE May 30, 2016
D
D
Director [:g:j
Item Number:
Consultant: Finn Name: Cumming
Date:
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Prepare Quarterly Construction Market Reports for Northern CA
Bay Area
D Description: (simple project description if appropriate)
[:g:j Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works
City of Cupertino
Cumming
Project Manager: Katy Jensen
Service Order# 9
Page 1 of3
FISCAL/BUDGET
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Master Agreement Maximum Compensation: Amount: $140,000
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CIP, SO#: lActual: CLOSED $ 6,825
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO#: 2: CLOSED $ 2,800
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO#: 3 CLOSED $ 9,800
ENCUMBER: Account No. 420-9270-9300, Solar Install, SO#: 4 CLOSED $ 3,500
ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO#: 5 CLOSED $ 7,175
ENCUMBER: Account No. 215-9620-9300, Manta Vista SD, SO #: 6 CLOSED $ 3,000
ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO#: 7 CLOSED $ 8,400
ENCUMBER: Account No. 420-99-020-900-905, Simms House Removal, S.O. #8 $ 2,960
Total Encumbered to Date:
Current unencumbered amount in Master Agreement:
ENCUMBER: Acc. No. 100-82-806-700-702, Qrtly. Market Rpts., S.O. #9
Total Encumbered to date including this S.O.:
Master Agreement Balance:
$ 44,460
$ 98,500
$16,700 ~
$ 61,160
$ 78,840
Contract Manager: fA-&Jev= Date: lo' Z}-·~JS
APPROVALS ,4 ;1 I~
Consultant: ~/(~/~_.JU;/~/~~--Date:
Director of Public Works~
City of Cupertino
Cumming
Date:/( /"'S. /ts ,
Service Order # 9
Page 2 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: -+<~>--~~=1\--+-. -+--------------Date:
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance:
Service Order Encumbrance Amount:
City of Cupertino
Cumming
100-82-806-700-702
$16,700
Service Order # 9
Page 3 of 3
INTRODUCTION
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 9
Cost Estimating Consultant Services
Service Order #9 under a Master Agreement for Cost Estimating Consultant Services dated November
19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A", to Service Order No. 9 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for Cost Estimating for the Simms House Removal
Project.
ITEMA:
ITEMB
ITEMC:
ITEMD
ITEME:
ITEM A:
DESCRIPTION OF PROJECT
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
DELIVERABLES
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
Prepare quarterly Construction Market Reports for the Northern California Bay Area to
capture dynamics impacting the City of Cupertino's building program through June
30th2015.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions
regarding the administration of this Service Order:
CONSULTANT: Cumming
Nick Mata
475 Sansome Street, Suite 520
San Francisco, CA 94111
415-7 48-3080
nmata@ccorpusa.com
City of Cupertino
Cumming
CITY: The Department of Public Works,
Katy Jensen, Capital Improvement Program
Manager
10300 Torre Ave.
Cupertino, CA 95014
408-777-3232
katyj@cu12ertino.org
Service Order #9-Attachment A
Page 1of3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 9
ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Local Project Volume and Labor Trends -Cumming will track and report the
following data impacting the Cupertino market on a regional basis:
a) Quarterly volume trends -forecasted through 2018
b) Monthly unemployment rate
c) Monthly construction labor volume trend
d) Key projects planned or in progress
e) Key labor trade shortages
TASK 2.0 Key Material Trends -Cumming will track monthly price variations on 20 key
construction materials as well as track quarterly forecasts on key commodities impacting
construction projects.
TASK 3.0 National and International Factors -Cumming will identify key national and
international factors that may impact construction costs locally, including:
a) Energy costs
b) Lending activity and rates
c) International material demand
d) AJA Architectural Billing Index (ABI) trends
TASK 4.0 Summarize Key Findings -Cumming will summarize findings from key data to
forecast trends and escalation for the Cupertino market.
TASK 5.0 Additional Miscellaneous Hourly Consultation as needed -billed at the hourly rate
in master agreement and authorized in writing.
ITEM C DELIVERABLES
The CONSULTANT shall deliver the following Items to the CITY under this SO:
Initial Report (submitted November 151h, 2015)
Next Two Reports (submitted Feb. 15111 and Mat 15111, 2016)
ITEM D SCHEDULE OF PERFORMANCE
See Deliverables section
City of Cupertino
Cumming
Service Order #9-Attachment A
Page 2 of 3
ITEME COMPENSATION
A. Base Compensation
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 9
The maximum compensation for this Service Order shall not exceed SIXTEEN THOUSAND SEVEN
HUNDRED DOLLARS($ 16,700). CONSULTANT agrees that it shall perform all of the services set
forth in this Attachment A of this Service Order, except for any additional services required, and
inclusive of reimbursable expenses. Any hours worked for which payment would result in a total
exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
Initial Report ................................ $6,500
Next Two Reports .......................... $9,200 ($4,600 per report)
Additional Misc. Hourly Consultation ......... $ 1,000 (must be authorized in writing per C. Additional
Services)
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master
Agreement.
C. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of the CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
shall not authorize and CONSULTANT shall not perform any Additional Services that result in charges
in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized
Additional Services rendered during the previous month. In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
City of Cupertino
Cumming
END OF ATIACHMENT
Service Order #9-Attachment A
Page 3 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296 Service Order No.: 8
Maximum Compensation: $ 2,960.00 Account No.: 420-99-020-900-905-MRW 001-02-03
Term: NTP: September 21, 2015 END DATE October 9, 2015
Approval by: City Manager
City Council
D
D
Director rgj
Item Number: Date:
Consultant: Firm Name: Cumming
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Cost Estimatin~ for the Simms House Remoyal Project
D Description: (simple project description if appropriate)
rgj Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works
City of Cupertino
Cumming
Project Manager: Alex Acenas
Service Order # 8
Page 1of3
FISCAL/BUDGET
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Master Agreement Maximum Compensation: Amount: $140,000
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CIP, SO#: lActual: CLOSED
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2: CLOSED
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO#: 3 CLOSED
ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 CLOSED
ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO#: 5 CLOSED
ENCUMBER: Account No. 215-9620-9300, Mon ta Vista SD, SO #: 6 CLOSED
ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO#: 7 CLOSED
Total Encumbered to Date:
Current unencumbered amount in Master Agreement:
ENCUMBER: Account No. 420-99-020-900-905, Simms House Removal, S.O. #8
Total Encumbered to date:
Master Agreement Balance:
Director of Public Works: -----1~U'il£LM.:..../--JL~-....... ~-~~-Date: le>·/· IS-70
$ 6,825
$ 2,800
$ 9,800
$ 3,500
$ 7,175
$ 3,000
$ 8,400
$ 41,500
$ 98,500
$ 2,960
$ 44,460
$ 95,540
City of Cupertino
Cumming
Service Order # 8
Page 2 of 3
ffjV
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: ----;k2,.-'.._-=_../\--_--i_~_~\ _________ Date: 16( ,,g-(( S:'-
~
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance:
Service Order Encumbrance Amount:
City of Cupertino
Cumming
420-99-020-900-905
$ 2,960
Service Order # 8
Page 3 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENAAT PO#: 00058296 Service Order No.: 7
Maximum Compensation: $ 8,400.00 Account No.: 100-82-806-700-702
Term: NTP: January 26, 2015 END DATE: April 30, 2015
Approval by: City Manager Director ® Date: Feb. 24, 2014
City Council ber: Date:
Consultant: Firm Name: Cummin
Address: 475 Sansome Stre4,u7itne520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Cost Estimating for CIP Projects
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Carmen Lynaugh
City of Cupertino
Cumming
Service Order # 7
Page 1 of 3
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $140,000
40,000
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CII', SO #: 1Actual:CLOSED $6,825
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2:CLOSED 2,800
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3CLOSED 9,800
ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 CLOSED 3,500
ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO #: 5CLOSED 7,175
ENCUMBER: Account No. 215-9620-9300, Monta Vista SD, SO #: 6 CLOSED 3,000
Total Encumbered to Date $ 33,100
q v
Current unencumbered amount in Master Agreement: $ 106,900 7-0
ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO #: 7 8,400
Total Encumbered to date: $41,500, --
Master
41,500
Master Agreement Balance: $ 98,500
Contract
APPROVALS
Consultant: Date:
Director of Public Works: Date:
City of Cupertino Service Order # 7
Cumming Page 2 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER #7
Cost Estimating Consultant. Services
INTRODUCTION
Service Order#7 under a Master Agreement for Cost Estimating Consultant Services dated November
19, 2013, between _the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A", to Service Order No. 7 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for Cost Estimating :for CIP Projects.
ITEM A; DESCRIPTION OF PROJECT
ITEMB. SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
ITEM C: DELIVERABLES
ITEM D SCHEDULE OF PERFORMANCE -
ITEM. E:: COMPENSATION
ITEM A: PROJECT DESCRIPTION
A-1.: .. DESCRIPTION
Prepare _accurate and realistic :construction costs: estimates, including :direct and indirect
construction, costs_ for the City to use in our Capital Improvement Program (CIP) budgeting
process. The CIP list contains approximately 13 separate projects, which includes re -estimating
of a few: projects from last CIP.
A-2 PROJECT COORDINATION
The following individuals are the primarycontacts for all questions and actions
regarding the. administration of this. Service Order:
CONSULTANT: Cumming' CITY: The Department of Public Works,
Nick Mata Carmen Lynaugh, Public Works Project Manager
475 Sansome Street, Suite 520
San Francisco, :CA 94111
10300 Torre: Ave.
Cupertino, CA 95014 .
4157.748-3080 408-777-3215
nmata@ccorpusa.com carmenl@cupertino.org
City of Cupertino Service Order #7 -Attachment A
Cumming Page 1 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER #.7
ITEM B: SCOPE OF BASIC. SERVICES AND RESPONSIBILITIES
The. CONSULTANT- shall perform. the following specific services:
TASK 1.0 Statement of.Probable Cost
Produce a single Statement of Probable Cost (SOPC) at the master plan level of design. Included in
this task is the following scope:
1. scope review meeting including (1) liour document download and preparation.
2. template preparation; report compilation, and quality control / peer review.
3. architectural, structural, and site quantification and pricing:
4. site visit, if required.
5. mechanical/ electrical / plumbing support as required: .
6. follow -Up meeting with City of Cupertino staff, and (4) hours for report revisions based on
City of Cupertino staff feedback.
7. Excludes additional revisions: and site visits and reconciliation of the: SOPC with third:arptv
estimator, if needed may be authorized byCity using Additional Services. .
ITEM C ..DELIVERABLES.
The CONSULTANT shall deliver the following Items to the CITY under this SO:
TASK 1.0 Statement"of :Probable Cost (SOPC) for each of the CIP projects for the requested Fiscal
Years.
ITEM D SCHEDULE. OF PERFORMANCE
Provide Draft SOPC by February 18, 2015
All work under this Service Order shall be completed by.March 31, 2015
DELIVERY. SCHEDULE
The. task deliverables in Item C shall be .received by the CITY asindicated below:
TASK 1.0 Deliver Draft :of SOPC within 2 week of the NTP and final SOPC within 1 week
City of Cupertino Service Order 97 -Attachment A
Cumming Page 2 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER #.7
from City: comments
ITEM E COMPENSATION
A. Base Compensation
The maximum compensation for this Service Order,including both payment for professional services,
additional services and reimbursable expenses; shall not exceed EIGHT THOUSAND FOUR
HUNDRED DOLLARS.($:8;400). CONSULTANT.agrees that itshall perform all of the services set:
forth in this Attachment A of thisService Order, except for any additionalservices required; and
inclusive of reimbursable expenses, for the amount of SEVEN THOUSAND FOUR HUNDRED
DOLLARS ($ 7,400).. The :maximum amount of: Additional Services are authorized .under Service Order
of this Attachment A is ONE THOUSAND DOLLARS ($1,000). Any hours worked for which payment
would result in:a total exceeding the maximum -amount of compensation set forth herein shall be at no
cost :to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additionalservices as spelled out in Exhibit C. of the Master
Agreement.
C. Additional Services.
CONSULTANT shall not perform Additional Services without'prior written authorization of the CITY.:
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of ONE THOUSAND DOLLARS ($1,000) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that; result
in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized
Additional Services rendered during the previous month. In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
END OF ATTACHMENT
City of Cupertino Service Order #7 -Attachment A
Cumming Page 3 of 3
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
December 19, 2014
Cumming
475 Sansome Street Suite 520
San Francisco, CA 94111
Re: 1st Amendment to agreement for consultant services.
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, ^
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
FIRST AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND CUMMING FOR COST ESTIMATING CONSULTANT
eDSERVICES
a 1,.2 9
This First Amendment to the Agreement between the City of Cupertino and
CUMMING, for reference dated November 20, 2014, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and CUMMING (a California
Corporation) whose address is 475 Sansome Street, Suite 520, San Francisco, CA94111;
telephone no. (415) 748-3093 (hereinafter "CONSULTANT"), and is made with
reference to the following:
RECITALS:
A. On November 19, 2013, an agreement was entered into by and between
CITY and CUMMING (hereinafter "Agreement").
B. CITY and CONSULTANT 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. TERM:
The term of this Agreement shall commence on the date the agreement is executed and
shall terminate on March 31, 2016 unless terminated earlier as set forth herein.
2. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall
not exceed One Hundred and Forty Thousand Dollars ($ 140,000). The rate of payment
is set out in Exhibit C, titled "Compensation", which is attached hereto and
incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating
as a minimum the total Contract amount, amount paid to date, percent complete and
amount due.
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
Master Agreement for Cost Estimating Consultant Services - Cumming
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
CUMMING A Municipal Corporation
ZBy 4By
Director of Public Works, Timm Borden
Title Se -;,,r
Date (2/ Ll-okt
475 Sansome St., Suite 520
San Francisco, CA 94111
Phone no. 415-748-3093
APP V AS TO FORM:
By
City Attorney, Carol Korade
ATTEST:
r
By
City Clerk, Grace Schmidt
Account Nos.: BY SERVICE ORDERS
Total Contract Amount: $ 140,000
Amendment No.1 Amount: $ 100,000)
Page 2 of 2
First Amendment
Master Agreement for Cost Estimating Consultant Services - Cumming
EXHIBIT A
SCOPE OF SERVICES
The CONSULTANT shall provide certain Estimating services as required and requested by the
CITY.
The CONSULTANT shall provide services under this Master Agreement on an "as needed"
basis and gWy (1) upon written request from the CITY's Director of Public Works or authorized
Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully
executed SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Cost Estimating Consultants
with similar knowledge and skill engaged in related work throughout California under
the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services, the time limit within which such services must be
completed, and the compensation for such services. Unauthorized services performed
by the CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY's designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Cost Estimating services for various CITY Public Works projects.
All services performed shall be authorized by a fully executed SERVICE ORDER prior to work
commencement. Consultant services under this Master Agreement may include, but are not
limited to:
City of Cupertnio Exhibit A -Scope of Services
Cost Estimating Services — Cumming Page 1 of 2
EXHIBIT A
SCOPE OF SERVICES
A. Services
1) Provide services with varying degrees of information provided by the City
a) Including the following types of estimates and services:
a. Budgetary Cost Estimating
b. Specific Project Cost Estimating
c. 3,d Party Peer Review
d. Value Engineering
e. Continuous Cost Management
f. Target Value Design Assistance
g. Change Order Analysis
h. Cash Flow and Forecast during construction
i. Construction Cost Audits
j. Project Soft Cost Analysis and Planning
END OF EXHIBIT
City of Cupertino Exhibit A -Scope of Services
Cost Estimating Services — Cumming Page 2 of 2
EXHIBIT B
SERVICE ORDER PROCESS
The CONSULTANT shall provide services ander this Master Agreement on an "as needed"
basis and only (1) upon written request from the CITY'S Director of Public Works or authorized
Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed
Service Order.,
SECTION 1- SERVICE ORDER INITIATION
A. The City Public Works Director or his designee shall provide written request for
Consultant services as defined in this agreement. The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services, perfonnance schedule, and compensation to the
City.
B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C. The City shall prepare a Project Service Order consistent with the City's standard form,
Service Order, and Attachment A. The Service Order shall, at a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2- SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Article 11 of the Master Agreement, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall be at no cost to
the City.
F. The maximum compensation authorized by a single Service Order and/or the aggregate
of Service Orders shall not exceed the maximum compensation set forth in Article 4 of
the Master Agreement.
END OF EXHIBIT
City of Cupertino Exhibit B -Service Order Process
Cost Estimating Services — Cumming Page 1 of T
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant's total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order, unless authorized
by a written amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Consultant Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all
work performed under authorized Service Orders:
Labor Category Master Agreement Hourly Rate
1 i Ce ctr Iw
rIG ,.,
r
Jeu iof Cob i l..s%c4_&,e/ 17 Gw.1
C,,4 nia
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
Individual or multiple document reproductions that exceed 50 pages;
Travel expenses to the extent allowed by City policy;
Sub -consultants required by project scope of services;
The City shall compensate the Consultant for such reimbursable expenses only with
prior written authorization by the City representative designated in Article 11, Project
City of Cupertino Exhibit C -Compensation
Estimating Services - Cumming Page 1 of 2
EXHIBIT C
COMPENSATION
Coordination, of the Master Agreement. All compensation, including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order,
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable expenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 511, business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be addressed to City at:
Attention: Carmen Lynaugh
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services, the number of hours, hourly rate,
reimbursable expenses, Service Order maximum compensation, Service Order compensation to
date including invoice number, total invoice amount for current invoice, Service Order
maximum compensation balance remaining.
All Consultant payments shall be addressed to:
Attention: Nick Mata
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
END OF EXHIBIT
City of Cupertino Exhibit C -Compensation
Estimating Services — Cumming Page 2 of 2
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
December 9, 2014
Cumming
Attention: Nick Mata
475 Sansome Street, Suite 520
San Francisco, -CA 94111
Re: Service Order No. 6 for Monta Vista Storm Drain System.
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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $ 3,000.00
Term: NTP: Nov. 20, 2014
Service Order No.: 6
Account No.: 580-9255-9300
END DATE: Nov. 30, 2014
Approval by: City Manager Director ® Date: Feb. 24, 2014
City Council Item Number: Date:
Consultant: Firm Name: Cumming V 3 r
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION .
Project Name: Monta Vista Storm Drain System Cost Estimate
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Carmen Lynaugh
City of Cupertino Service Order # 6
Cumming Page 1 of 2
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $ 40,000
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CIP, #: 1 $ 7,825
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2 $ 2,800
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 $ 9,800
ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 $ 3,500
ENCUMBER: Account No. 580-9255-9300, Quinlan Upgr d SO#: $ 7,175
Total Encumbered to Date $ 31,100
Current unencumbered amount in Master Agreement: $ 5,900
ENCUMBER: Account No. 215-9620-9300, Monta Vista SD, SO #: 6 $ 3,000
Total Encumbered to date: $ 34,100
Master Agreement Balance: $ 5,900
Contract
APPROVALS
Consultant: bwb MQ I A*V,4m Date:
Director of Public Works: Date: 7 L
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Date: g C
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance: 215-9620-930.0
Service Order Encumbrance Amount: $ 3,000
City of Cupertino Service Order # 6
Cumming Page 2 of 2
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupiertino.orgCUPERTINO
October 15, 2014
Cumming
Attention: Nick Mata
475 Sansome Street, Suite 520
San Francisco, CA 94111
Re: Service Order 5 for the Quinlan CommL[nity Center Interior upgrades 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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $ 7,175.00
Term: NTP: Sept. 22, 2014
Service Order No.: 5
Account No.: 580-9255-9300
END DATE: Nov. 30, 2014
Approval by: City Manager Director N Date: Feb. 24, 2014
City Council Item Number: Date:
Consultant: Firm Name: Cunurdng
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: _Quinlan Community Ce:ateLLnterior Uggra&a Cost Estimate
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Carmen Lynaugh
City of Cupertino Service Order # 5
Cumming Page 7 of 2
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $ 40,000
Previously Encumbered on MAA:
ENCUMBER: Account No. 110-8101-7014 CIP, SO #: 1
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2
ENCUMBER: Account No. 420-9271-9300 , ]library Expan., SO #: 3
ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4
Total Encumbered to Date
Current unencumbered amount in Master Agreement:
ENCUMBER: Account No. 580-9255-9300, Quinlan Upgrades, SO #: 5
Total Encumbered to date:
Master Agreement Balance:
7,825
2,800
9,800
3,500
23,925
8,900
7,175
31 , 100
8,900
Contract Manager: 'C" vH Pv\ L --4y% A o S Date: to - g -/'y
APPROVALS
f _. Consultant. _ Date: i
Director of Public Works: Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
7 to
City Finance: zt / Date:
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance: 580-92.55-9300
Service Order Encumbrance Amo ; $ 7,175
City of Cupertino Service Order # 5
Cumming Page 2 of 2
June 11, 2014
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366
WEBSITE: www.cupi3rtino.org
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
Re: Service Order 3 for Cost Estimating for Library Expansion Project and Service Order 4
for Solar Installation Project Cost Estimate.
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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $ 9,800.00
Term: NTP: May 29, 2014
Service Order No.: 3
Account No.: 110-8101-7014
END DATE: July 31, 2014
Approval by: City Manager Director ® Date: Feb. 24, 2014
City Council Item Number: Date:
Consultant: Firm Name: Cumming
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Cost Estimating fororary Expansion Prom_
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Carmen Lynaugh
FISCAL/BUDGET
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CIP, SO #: 1
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2
Total Encumbered to Date
Current unencumbered amount in Masten Agreement:
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3
Total Encumbered to date:
City of Cupertino
Cumming
Amount: $ 40,000
Master Agreement Balance:
7,825
2,800
10,625
29,375
69,800 JZ- 7(Y1,d,'
20,425
19,575
Service Order # 3
Page 1 of 2
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
Contract Manager: L Date: 6P' ' •
APPROVALS
IConsultant. _ Date. a6/z9 /Za-
Director of Public Works: Date: ( 1
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: Date: ° It c ---
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance: 420-9271-9300
Service Order Encumbrance Amount: $ 9,800
City of Cupertino
e
Service Order # 3
Cumming Page 2 of 2
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 3
Cost Estimating Consultant Services
INTRODUCTION
Service Order #3 under a Master Agreement for Cost Estimating Consultant Services dated November
19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A", to Service Order No. 3 (SO), defines the CONSULTANT scope of services,
schedule of performance, deliverables, and compensation for Cost Estimating for the Library
Expansion project.
ITEM A: DESCRIPTION OF PROJECT
ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
ITEM C: DELIVERABLES
ITEM D SCHEDULE OF PERFORMANCE
ITEM E: COMPENSATION
ITEM A: PROJECT DESCRIPTION
A-1 DESCRIPTION
Provide a cost estimate of the Library Expansion project for two separate expansion concepts.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions
regarding the administration of this Servide Order:
CONSULTANT: Cumming CITY;, The. Department of Public Works,
Nick Mata Carmen Lynaugh, Public Works Project Manager
475 Sansome Street, Suite 520
San Francisco, CA 94111
10300 Torre Ave.
Cupertino, CA 95014
415-748-3080 408-777-3215
nmata@ccorpusa.com carmEnl@cupertino.org
City of Cupertino
e
Service Order #3 -Attachment A
Cumming Page 1 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 3
ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Prepare cost estimate
Prepare accurate and realistic construction costs estimates, including direct and indirect construction
costs for the two separate expansion concepts for the Library Expansion project.
Item C Deliverables
Produce a single Statement of Probable Cost (SOP(C) at the master plan level of design for each
concept. Included in this task is the following scope:
I. scope review meeting with Architect.
2. architectural, structural, and site quantification and pricing.
3. site visit, if required.
4. mechanical / electrical / plumbing support as required.
5. follow-up meeting with City of Cupertino staff:, and (4) hours for report revisions based on
City of Cupertino staff feedback.
6. Excludes additional revisions and site visits and reconciliation of the SOPC with third party
estimator, if needed may be authorized by City using Additional Services.
ITEM D SCHEDULE OF PERFORMANCE
Provide Draft Review by June 10, 2014
All work under this Service Order shall be completed by July 30, 2014
DELIVERY SCHEDULE
The task deliverables in Item C shall be received by the CITY as indicated below:
TASK 1.0 Deliver Drafts of Estimate by June 10, 2014 and final within 1 week from City
comments
ITEM E -COMPENSATION
A. Base Compensation
City of Cupertino Service Order #3 -Attachment A
Cumming Page 2 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 3
The maximum compensation for this Service Order, hicluding both payment for professional services,
additional services and reimbursable expenses, shall r1ot exceed NINE THOUSAND EIGHT
HUNDRED DOLLARS ($ 9,800). CONSULTANT agrees that it shall perform all of the services set
forth in this Attachment A of this Service Order, except for any additional services required, and
inclusive of reimbursable expenses, for the amount of SEVEN THOUSAND DOLLARS ($ 7,000). The
maximum amount of Additional Services are authori:,ed under Service Order of this Attachment A is
TWO THOUSAND EIGHT HUNDRED DOLLARS ($ 2,800). Any hours worked for which payment
would result in a total exceeding the maximum amount of compensation set forth herein shall be at no
cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master
Agreement.
C. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of the CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of TWO THOUSAND EIGHT HUNDRED DOLLARS ($ 2,800) for the payment of
Additional Services. The CITY shall not authorize and CONSULTANT shall not perform any
Additional Services that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized
Additional Services rendered during the previous month. In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
END OF ATTACHMENT
City of Cupertino
Cumming
Service Order #3 -Attachment A
Page 3 of 3
CUMMING
Building Vakie Through Expertise
May 291h,2014
Carmen Lynaugh
Public Works Project Manager
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Re: Library Expansion
Proposal No: 14-1042
Cost Management Fee Proposal
Dear Carmen,
Thank you for giving Cumming the opportunity to work with you on the above project. It is our understanding
the project is comprised of expansion of the existing Library Building for a new Teen Center and Story Room.
Two separate expansion options are under consideration and require pricing.
For this project we propose a single Statement of Probable Cost (SOPC) at the Conceptual level of design.
Included in this task is the following scope:
2) hours scope review meeting (completed).
2) hours template preparation, report compilation, and quality control / peer review.
20) hours architectural, structural, and site quantification and pricing.,
8) hours mechanical / electrical / plumbing support as required.
4) hours follow-up meeting with City of Cupertino staff, and (4) hours for report revisions based on
City of Cupertino staff feedback.
0 (16) hours for reconciliation of the SOPC with a third party estimator.
Our fixed not -to -exceed fee for this scope of work is as outlined in the table below:
Cost Management Services:
Base Services:
1. Conceptual SOPC
2. Reconciliation with a third party estimator
Total Cost Management Services
Proposed Approach
Accurate and realistic cost management is one of the foundations for project success. We will begin our cost
services on the project with an in depth review of all facilities / program and target budget. Our cost budgets
475 SANSOME STREET, SUITE S20 I SAN FRANCISCO, CA 94111 1 PH 415-748-3080 1 FAX 415-748-3090
www.ccorpusa.com
are "built to suit" the unique challenges and characteristics of the project and in a workable and user friendly
format to best communicate all aspects of cost. Our cost. models will contain all required direct and indirect
construction costs as well as project cost factors and allowances for contingencies and escalation. The model
will account for all project conditions (sub contract and general pool, delivery method, schedule, owner
requirements, site restraints / logistics) as well as all market variables (credit markets, energy and commodity
trends, global impacts, etc.).
Included within our cost management services are the folllowing tasks:
Review of design information
Cost estimating of all direct and indirect construction costs
Our fees assume any required design information (including drawings, specifications, and reports) required for
the performance of our work will be provided in hard copy form and electronically at no cost to Cumming. PDF
is the preferred electronic format. The estimates will be present in an industry standard or custom format to
suit both design team's review and owner preference.
Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our
scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the
scope of the remaining service.
We look forward to working with you on this project. Wo trust the above will be to your satisfaction. We are
available to discuss any questions you may have regarding this fee proposal. Please indicate your
acceptance by signing below and returning a copy of this document to our office.
Very truly yours,
CUMMING
n
Nick Mata
Senior Cost Manager
We will be periodically billing for the above mentioned services. Your acceptance of the proposal as indicated
below will be binding on both parties.
Accepted by:
City of Cupertino Authorized Signatory Date
475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, CA 941111 PH 415-748-3080 1 FAX 415-748-3090
wwwxcorp isa.com
mm
CUMM RIG
Building Value Thriough Expertise
HOURLY RATES 2014
COST MANAGEMENT
SR. VICE PRESIDENT / REGIONAL VICE PRESIDENT
DIRECTOR OF COST MANAGEMENT
SENIOR COST MANAGER
COST MANAGER
COST MANAGEMENT / TECHNICIAN / COORDINATOR
235.00 per hour
195.00 per hour
175.00 per hour
160.00 per hour
115.00 per hour
475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, CA 941111 PH 415-748-3080 1 FAX 415-748-3090
www.ccorpuasa.com
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $ 3,500.00
Term: NTP: June 2, 2014
Service Order No.: 4
Account No.: 110-8101-7014
END DATE: June 6, 2014
Approval by: City Manager Director ® Date: Feb. 24, 2014
City Council Item Number: Date:
Consultant: Firm -Name: Cumming
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Solar Installation Prole I Cost Estimate
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works
City of Cupertino
Cumming
Project Manager: Carmen Lynaugh
Service Order # 4
Page 1 of 2
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
FISCAL/BUDGET
Master Agreement Maximum Compensafion: Amount: $ 40,000
Previously Encumbered on MA:
ENCUMBER: Account No. 110-8101-7014, CIP, SO #: 1 $ 7,825
ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2 $ 2,800
ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 $ 9,800
Total Encumbered to Date $ 20,425
Current unencumbered amount in Master.' Agreement: $ 16,075
ENCUMBER: Account No. 420-9X3-9300, Solar Install, SO #: 4 $ 3,500
2,7j Total Encumbered to date: $23,925
Master Agreement Balance: $16,075
Contract Manager: ADate: 14
I [
a -
APPROVALS
Consultant. Date.
Director of Public Works:--- Date: A /
Appropriation Certification: I hereby certify i:hat an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: _ Date: JZ/4---
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance: 420-9270-9300
Service Order Encumbrance Amount: $ 3,500
City of Cupertino Service Order # 4
Cumming Page 2 of 2
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
Cost Estimating Consultant Services
INTRODUCTION
Service Order #4 under a Master Agreement for Coat Estimating Consultant Services dated November
19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A", to Service Order No. 4 (SO), defines the CONSULTANT scope of services,
schedule of performance, deliverables, and compensation for Cost Estimating for the Solar
Installation at the Service Center project.
ITEM A: DESCRIPTION OF PROJECT
ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
ITEM C: DELIVERABLES
ITEM D SCHEDULE OF PERFORMANCE
ITEM E: COMPENSATION
ITEM A: PROJECT DESCRIPTION
A-1 DESCRIPTION
Provide a cost estimate of the Solar Installation at the Service Center project.
A-2 PROJECT COORDINATION
The following individuals are the primary, contacts for all questions and actions
regarding the administration of this Service Order:
CONSULTANT: Cumming CITY: The Department of Public Works,
Nick Mata Carmen Lynaugh, Public Works Project Manager
475 Sansome Street, Suite 520
San Francisco, CA 94111
10300 Torre Ave.
Cupe rtino, CA 95014
415-748-3080 408-777-3215
nmata@ccorpusa.com carm.E!nl@cupertino.org
City of Cupertino Service Order 94 -Attachment A
Cumming Page 1 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Prepare cost estimate
Prepare accurate and realistic construction costs estimates at the conceptual level of design,
including direct and indirect construction costs for the Solar Installation at the Service Center project.
Item C Deliverables
Produce a single Statement of Probable Cost (SOPC) at the solar installation at the Service Center as
show in the documents provided by the City. Incluoled in this task is the following scope:
1. Prepare template, report compilation and quality control/peer review
2. Electrical quantification and pricing
3. Architectural support as required
4. report revisions based on City of Cupertino staff feedback.
ITEM D SCHEDULE OF PERFORMANCE
Provide Draft Review by June 13, 2014
All work under this Service Order shall be completed by July 30, 2014
DELIVERY SCHEDULE
The task deliverables in Item C shall be received by the CITY as indicated below:
TASK 1.0 Deliver Drafts of Estimate by June 113, 2014 and final within 1 week from City
comments
ITEM E COMPENSATION
A. Base Compensation
The maximum compensation for this Service Order, including both payment for professional services,
additional services and reimbursable expenses, shall not exceed THREE THOUSAND FIVE
HUNDRED DOLLARS ($ 3,500). CONSULTANT agrees that it shall perform all of the services set
forth in this Attachment A of this Service Order, except for any additional services required, and
inclusive of reimbursable expenses, for the amount oi: 'THREE THOUSAND FIVE HUNDRED
City of Cupertino Service Order #4 -Attachment A
Cumming Page 2 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
DOLLARS ($ 3,500). The maximum amount of Additional Services are authorized under Service Order
of this Attachment A is ZERO DOLLARS ($0). Any hours worked for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional. services as spelled out in Exhibit C of the Master
Agreement.
C. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of the CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of ZERO THOUSAND DOLLARS ($0) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result
in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized
Additional Services rendered during the previous month. In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in ,accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
END OF ATTACHMENT
City of Cupertino
e
Service Order #4 -Attachment A
Cumming Page 3 of 3
CUMIMING,
Building Value Through Expertise
June 2nd, 2014
Carmen Lynaugh
Public Works Project Manager
City of Cupertino
10300 Torre Avenue
Cupertino, California 95014
Re: Solar Project at Service Center
Proposal No: 14-1076
Cost Management Fee Proposal
Dear Carmen,
Thank you for giving Cumming the opportunity to work with you on the above project. It is our understanding
the project is comprised of a new Solar Panel installation at the existing Service Center.
For this project we propose a single Statement of Probable Cost (SOPC) at the Conceptual level of design.
Included in this task is the following scope:
2) hours template preparation, report compilation, and quality control / peer review.
12) hours electrical quantification and pricing.
4) hours architectural support as required.
2) hours for report revisions based on City of Cupertino staff feedback.
Our fixed not -to -exceed fee for this scope of work, based on (20) man-hours is $3,500.
Proposed Approach
Accurate and realistic cost management is one of the foundations for project success. We will begin our cost
services on the project with an in depth review of all facilities / program and target budget. Our cost budgets
are "built to suit" the unique challenges and characteristics of the project and in a workable and user friendly
format to best communicate all aspects of cost. Our cost models will contain all required direct and indirect
construction costs as well as project cost factors and allowances for contingencies and escalation. The model
will account for all project conditions (sub contract and general pool, delivery method, schedule, owner
requirements, site restraints / logistics) as well as all market variables (credit markets, energy and commodity
trends, global impacts, etc.).
Included within our cost management services are the following tasks:
Review of design information
Cost estimating of all direct and indirect construction costs
475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, CA 94111 1 PH 415-748-3080 1 FAX 415-748-3090
www.ccorpiisa.coim
Our fees assume any required design information (including drawings, specifications, and reports) required for
the performance of our work will be provided in hard copy form and electronically at no cost to Cumming. PDF
is the preferred electronic format. The estimates will be present in an industry standard or custom format to
suit both design team's review and owner preference.
Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our
scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the
scope of the remaining service.
We look forward to working with you on this project. Wo trust the above will be to your satisfaction. We are
available to discuss any questions you may have regarding this fee proposal. Please indicate your
acceptance by signing below and returning a copy of this document to our office.
Very truly yours,
CUMMING
Nick Mata
Senior Cost Manager
We will be periodically billing for the above mentioned SOrvices. Your acceptance of the proposal as indicated
below will be binding on both parties.
Accepted by:
City of Cupertino Authorized Signatory Date
475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, SCA 941111 PH 415-748-3080 1 FAX 415-748-3090
www.ccorpijsa.com
CUMM = I NG
Building Value Through Expertise
HOURLY RATES 2014
COST MANAGEMENT
SR. VICE PRESIDENT / REGIONAL VICE PRESIDENT
DIRECTOR OF COST MANAGEMENT
SENIOR COST MANAGER
COST MANAGER
COST MANAGEMENT / TECHNICIAN / COORDINATOR
235.00 per hour
195.00 per hour
175.00 per hour
160.00 per hour
115.00 per hour
475 SANSOME STREET, SUITE 520 l SAN FRANCISCO, CA 941111 PH 415-748-3080 l FAX 415-748-3090
www.ccorpusaxom
March 20, 2014
OFFICE OF THE CII V CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.org
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
Re: Service Order 2 to the original agreement for consultant services
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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Cornsultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $ 7,825.00
Term: NTP: February19; 20T4 ri -_
Approval by: City Manager
City Council
Service Order Pro.: ,2
Account No.: 110-8101-7014
END DATEtMarch._31;_20_14,,V
Director ® Date: Feb. 24, 2014
Item Number: Date:
Consultant: Firm Name: Cumming
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Cost Estimating for Mcg 'e"a" Ranch Presery Barn Conceptual
Renovation Project
Description: (simple project description if. appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Compensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Carmen Lynaugh
FISCALBUDGET
Master Agreement Maximum Compensation;
Amount: $ 40,000
Previously 'Encumbered on MA: 7,825
ENCUMBER: Account No. 110-8101-7014 , SO #: 1
Total Encumbered to Date $ 7,825
Current unencumbered amount in Master Agreement:
32,175
ENCUMBER: Account No 420:=9261=.93x30
Total Encumbered to date: $10,625
Master Agreement Balance: $ 29,375
Service Order + 2
Cite of Cupertino Page 1 of 2
Cumming
CITY OF CUPI.ERTINO
Master Agreement Consultant Services
SERVICE ORDER
Contract. Manager: L A- 44A I — t1 i Yl-Gt.--, /,— Date:
APPROVALS
Consultant:_ Date: VLj
Director of Public Works: Date: Io
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: _ Date: T
Agreement P.O. No.: 00058296
Service Order Account No. for Encumbrance: 420-9261-9300
Service Order Encumbrance Amount: $ 2,800
City of CUpertino Service Order #2
Cumming Page 2 of 2
CITY OF CUPiERTINO
ATTACHMENT A
SERVICE ORDER # 2
Cost Estimating Consultant Services
INTRODUCTION
Service Order #2 under a Master Agreement for Cost :Estimating Consultant Services dated November
19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A", to Service Order No. 2 (SO), defines the CONSULTANT scope of services,
schedule of performance, deliverables, and compensation for Cost Estimating for McClellan
Ranch Preserve Barn Conceptual Renovation Project
ITEM A: DESCRIPTION OF PROJECT
ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
ITEM C: DELIVERABLES
ITEM D SCHEDULE OF PERFORMANCE
ITEM E: COMPENSATION
ITEM A: PROJECT DESCRIPTION
A-1 DESCRIPTION
Provide a Peer review of the Statement of Probable Cost (SOPC) prepared by P.W. Waszink
Construction Consultant for the McClellan Ranch Preserve Barn Conceptual Renovation Plan
project. Being aware that the barn is currently in the flood plain.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions
regarding the administration of this Service Order:
CONII ULTANT: umming1 CITY: 'The Department of Public Works,
Sa 5zileJW Carmen Lynaugh, Public Works Project Manager
475 Sansome Street, Suite 520
San Francisco, CA 94111
1.0300 Torre Ave.
Cupertino, CA 95014
415-748-3080 408-777-3215
nmataata@ccorpusa.com carmenl@?cupertino.org
City of Cupertino Service Order #2 -Attachment A
Cumming Pagel of3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 2
ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Peer Review of SOPC by P.W. Waszink Construction Consultant
Prepare a report in letter -style format with itemized recommendations and alterations to the budget,
including review of selected quantities.
ITEM C DELIVERABLES
The CONSULTANT shall deliver the following Iten-ts to the CITY under this SO:
TASK 1.0 Peer Review of SOPC by P.W. Waszink Construction Consultant
ITEM D SCHEDULE OF PERFORMANCE
Provide Draft Peer Review by March 7, 2014
All work under this Service Order shall be completed by March 14, 2014
DELIVERY SCHEDULE
The task deliverables in Iter, C shall be received by the CITY as indicated below:
TASK 1.0 Deliver Drafts of Peer Review within 2 week of the NTP and final within 1 week
from City comments
ITEM E COMPENSATION
A. Base Compensation
The maximum compensation for this Service Order, including both payment for professional services,
additional services and reimbursable expenses, shall not exceed TWO THOUSAND EIGHT
HUNDRED DOLLARS ($ 2,800). CONSULTANT agrees that it shall perform all of the services set
forth in this Attachment A of this Service Order, except: for any additional services required, and
inclusive of reimbursable expenses, for the amount of TWO'THOUSAND EIGHT HUNDRED
DOLLARS ($ 2,800). The maximum amount of Additional Services are authorized under Service Order
of this Attachment A is ZERO DOLLARS ($0). Any hours worked for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
City of Cupertino Service Order #2 -Attachment A
Cumming Page 2 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 2
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master
Agreement.
C. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of the CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of ZERO THOUSAND DOLLARS ($0) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall riot perform any Additional Services that result
in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for authorized
Additional Services rendered during the previous month. ,In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
END OF ATTACHMENT
City of Cupertino Service Order #2 -Attachment A
Cumming Page 3 of 3
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE: o CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertitio.org
CUPERTINO
March 20, 2014
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
Re: Service Order to Agreement for consultant: services
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,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
MASTER AGREEMENT PO#: 00058296
Maximum Compensation: $ 7,825.00
Service Order No.: 1
Account No.: 110-8101-7014
Term: NTP: FebruaLry19 END DATE:1Vlarch 31;T2014'
Approval by: City Manager Director 0 Date: Feb. 19, 2014
City Council Item Number: Date:
onsultant: Firm Name: Cumming
Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111
Contact: Nick Mata Phone: 415-748-3080
PROJECT DESCRIPTION
Project Name: Cost Estimating for CIP Pr 2icts
Description: (simple project description if appropriate)
Attachment A: Includes Description of Project, Scope of Services, Schedule of
Performance and Comoensation
CITY PROJECT MANAGEMENT
Managing Department: Public Works Project Manager: Carmen Lynaugh
FISCAL/BUDGET
Master Agreement Maximum Compensation: Amount: $ 40,000
Previously Encumbered on MA: $ 0
Current unencumbered amount in Master Agreement: / $ 40,000
ENCUMBER: Account NQ -1.-10-8,1_017014 SU'#s' 1w _
Total to date: $ 7;825
Master Agreement Balance: $ 32,175
Contract Manager: 621a Date: Z 12 -s -
City of Cupertino Service Order # 1
Cumming Page 1 of 2
CITY OF CUPERTINO
Master Agreement Consultant Services
SERVICE ORDER
APPROVALS
Consultant: Date: a
Director of Public Works: Date: 1 y A
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that funds are available as of this
date of signature.
City Finance: , _ Date:
A9rze.me 14 PO, /-o. 0005829 % C: i" '
S zr\f; czO rater ALL o fir} fJo. W r " c w •r C)-d n c e 1 C7 - 41 OI - 'I o \-i-
Ser e orde.r Ar" oun+ of &nc,uml0r-v-1c.e 7,8ZS
City of Cupertino Service Order # 1
Cumming Page 2 of 2
CITY OF CUPER.TINO
ATTACHMENT A
SERVICE ORDER # 1
Cost Estimating Consultant Services
INTRODUCTION
Service Order #1 udder a Master Agreement for Cost Estimating Consultant Services dated November
19, 2013, between die City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of
Consultant entity)
Attachment "A", to Service Order No. 1 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for Cost Estimating for CIP Projects.
ITEM A: DESCRIPTION OF PROJECT
ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
ITEM C: DELIVERABLES
ITEM D SCHEDULE OF PERFORMANCE
ITEM E: COMPENSATION
ITEM A: PROJECT DESCRIPTION
A-1 DESCRIPTION
Prepare accurate and realistic construction costs estimates, including direct and indirect
construction costs for the City to use in our Capital Improvement Program (CI`P) budgeting
process. The CIP list contains approximately 24 separate projects.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions
regarding the administration of this Service Order:
CONSULTANT: Cumming CITY: The Department of Public Works,
Nick Mata Carmen Lynaugh, Public Works Project Manager
475 Sansome Street, Suite 520
San Francisco, CA 941.11
10300 Torre Ave.
Cupertino, CA 95014
415-748-3080 408-777-321.5
nmata@ccorpusa.com carmenl(@(-t.tpertino.org
City of Cupertino Service Order #1 -Attachment A
Cumming Pagel of 3
CITY OF CUPER.TINO
ATTACHMENIT A
SERVICE ORDER # 1
ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Statement of Probable Cost
Produce a single Statement of Probable Cost (SOPC) at the master plan level of design. Included in
this task is the following scope:
1. scope review meeting including (1) hour document download and preparation.
2. template preparation, report compilation, and duality control/ peer review.
3. architectural, structural, and site quantification and pricing.
4. site visit, if required.
5. mechanical / electrical / plumbing support as required.
6. follow-up meeting with City of Cupertino staff, and (4) hours for report revisions based on
City of Cupertino"staff feedback.
7. Excludes additional revisions and site visits and reconciliation of the SOPC with third party
estimator, if neededmay be authorized by City Using Additional Services.
ITEM C DELIVERABLE$
The CONSULTANT shall deliver the following Items to the CITY under this SO:
TASK 1.0 Statement of Probable Cost (SOPC) for each of the CIP projects
ITEM D SCHEDULE OF PERFORMANCE
Provide Draft SOPC by March 7, 2014
All work under this Service Order shall be completed by March 31, '2014
DELIVERY SCHEDULE
The task deliverables in Item C shall be received by the CITY as indicated below:
TASK 1.0 Deliver Draft of SOPC within 2 week of the NTP and. final SOPC within 1 week
City of CuPerrino Service Order #1 -Attachment A
Cumming Page 2 of 3
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 1
from City comments
ITEM E COMPENSATION
A. Base Compensation
The maximum compensation for this Service Order, including both payment for professional services,
additional services and reimbursable expenses, shall not exceed SEVEN THOUSAND EIGHT
HUNDRED AND TWENTY FIVE DOLLARS ($ 7,825). CONSULTANT agrees that it shall perform all
of the services set forth in this Attachment A of this Service Order, except for any additional services
required, and inclusive of reimbursable expenses, for the amount of SIX THOUSAND EIGHT
HUNDRED AND TWENTY FIVE DOLLARS ($ 6,825). The maximum amount of Additional Services
are authorized under Service Order of this Attachment A is ONE THOUSAND DOLLARS ($ 1,000).
Any hours worked for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master
Agreement.
C. Additional Services.
CONSULTANT shall not perform Additional Services witltout prior written authorization of the CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of ONE THOUSAND DOLLARS ($ 1,000) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services that result
in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for pavment on a monthly basis for authorized.
Additional Services rendered during the previous month. In the event Additional Services are
authorized, CONSULTANT shall submit Invoices in accordance with the CONSULTANT hourly rate
schedule in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
END OF ATTACHMENT
City of Cupertino Service Order #1 -Attachment A
Cumming Page 3 of 3
December 18, 2013
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
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
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,
avt4 om"e'
Dorothy Steenfott
Senior Office Assistant
cc: Public Works
Enclosure
MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
UMMING`FOR COST ESTIMA7i,ING CONSULTANT SERVICES
S -1t ASTER AGREEMENT, for reference dated November 19, 2013, is byan-Fetween CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and,
CUMMING (a California Corporation) whose address is 475 Sansome Street, Suite 520, San
Francisco, CA94111; telephone no. (415) 748-3093 (hereinafter referred to as "Conant"),
and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now being
conducted under the Constitution and the statutes of the State of California and the Cupertino
Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the terms and conditions
described herein.
D. City and Consultant desire to enter into an agreement for Cost Estimating
Services upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as
follows:
TERM:
The term of this Agreement shall commence on the date this agreement is executed and
shall terminate -on -December -3.1-,-2-015 unless tern.linated earlier as set forth herein.
SCOPE OF SERVICES
Consultant shall provide services under this Master Agreement on an "as needed" basis
and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed
Service Order as set forth in Exhibit B, Service Order Process; both Exhibits which are attached
hereto and incorporated herein by this reference.. The City has sole discretion to authorize any
Service Order and has no obligation to do so under this Master Agreement.
City of Cupertino Consultant Master Agreement
Cost Estimating. Services - Cumming Page 1 of 11
3. SCHEDULE OF PERFOMRANCE:
All Consultant services under this Master Agreement shall be completed on or before
the end of the Master Agreement Term. Each authorized Service Order shall include its own
defined Schedule of Performance. In no case shall any Service Order's schedule of performance
extend beyond the Master Agreement Term.
CONSULTANT COMPENSATION:
The maximum compensation to be pail to Consultant under this Master Agreement
shall not exceed Fourty Thousand Dollars ($ 40,000.00). The rate of payment is set out in Exhibit
C, titled "Compensation", which is attached hereto and incorporated herein. No payment shall
be made under this agreement unless authorized by a fully executed Service Order, Exhibit B.
The sum of all Service Orders authorized shall not exceed the maximum compensation for this
Master Agreement as defined above.
5. METHOD OF PAYMENT:
The method of payment for services performed tinder this agreement is set out in Exhibit C,
titled "Method of Payment", which is attached hereto and incorporated herein. Consultant
shall furnish to City a detailed statement of the work performed for compensation during the
term of this Agreement. Consultant may submit monthly invoices for interim progress
payments during the course of each authorized Service Order, clearly stating; the total Contract
amount, amount paid to date, the work performed and percent complete, and amount due.
All requests for payment from Consultant to Citi shall be addressed to the City to:
Attention: Carmen Lynaugh
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
7. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the practice of a professional that specializes in performing professional services of a like
nature and complexity, and agrees that all services shall be performed by similarly qualified
and experienced personnel who are not employed by the City nor have any contractual
City of Cupertino Consultant Master Agreement
Cost Estimating Services — Cumming Page 2 of 11
relationship with City.
8. INDEPENDENT PARTIE
City and Consultant intend that the relationship between them created by this
Agreement is that of employer -independent contractor. The manner and means of conducting
the work are under the control of Consultant, except to the extent they are limited by statute,
rule or regulation and the express terms of this Agreement. No civil service status or other right
of employment will be acquired by virtue of Consultant's services. None of the benefits
provided by City to its employees, including but not limited to, unemployment insurance,
workers' compensation plans, vacation and sick ]leave are available from City to Consultant, its
employees or agents. Deductions shall not be made for any state or federal taxes, FICA
payments, PERS payments, or other purposes normally associated with an employer-employee
relationship from any fees due Consultant. Payments of the above items, if required, are the
responsibility of Consultant.
9. IMMIGRATION REFORM AND CONTROL ACT (IBCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder, pursuant to
all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify
and hold City harmless from and against any loss, damage, liability, costs or expenses arising
from any noncompliance of this provision by Consultant.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or
subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap,
disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a material breach
of this Agreement.
11. PROJECT COORDINATION
CITY: The Director of Public Works, or designated agent, shall be representative of City
for all purposes under this Agreement. Carmen Lynaugh is hereby designated as the Director
of Public Works' agent and shall supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Executive to have
overall responsibility for the progress and execution of this Agreement for the Consultant. If,
subsequent to the execution of the Agreement, circumstances or conditions require a substitute
City of Cupertino Consultant Master Agreement
Cost Estimating Services — Cumming Page 3 of 11
Consultant Project Executive for any reason, the proposed replacement Consultant Project
Manager shall be subject to the prior written acceptance and approval of the City Director of
Public Works or the above named designated agent.. The designated Consultant Project
Executive for the Agreement term shall be Nick Mata.
12. HOLD HARMLESS:
Consultant shall, to the fullest extent allowed by law, with respect to all services
performed in connection with the Agreement, indemnify, defend, and hold harmless the City
and its officers, officials, agents, employees and volunteers from and against any and all
liability, claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to
the performance of this Agreement by Consultant or Consultant's employees, officers, officials,
agents or independent contractors. 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.
13. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall furnish
City with certificates showing the type, amount, class of operations covered, effective dates and
dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E.
Such certificates, which do not limit Consultant's indemnification, shall also contain
substantially the following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the insurer
affording coverage shall provide thirty (30) days' advance written notice to the City of
Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall
maintain in force at all times during the performance of this Agreement all appropriate
coverage of insurance required by this Agreement with an insurance company that is acceptable
to City and licensed to do insurance business in the State of California. Endorsements naming
the City as additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant 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
City of Cupertino Consultant Master Agreement
Cost Estimating Services — Cumming Page 4 of 11
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
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which he/she has
agreed to provide comprehensive general and automotive liability insurance, Consultant shall
look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City by virtue of
the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term. hereof should fail to secure or maintain the
foregoing insurance, City shall be. permitted to obtain such insurance in the Consultant's name
or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the
insurance premiums at the maximum rate permitted by law and computed from the date
written notice is received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and volunteers shall
be named as an additional insured under all insurance coverages, except any professional
liability insurance, required by this Agreement. The naming of an additional insured shall not
affect any recovery to which such additional insured would be entitled under this policy if not
named as such additional insured. An additional insured named herein shall not be held liable
for any premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not be required to
contribute anything toward any loss or expense covered by the insurance provided by this
policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to protect
Consultant. Consultant is advised to confer with Consultant's insurance broker to determine
City of Cupertino Consultant Master Agreement
Cost Estimating Services - Cumming Page 5 of 11
adequate coverage for Consultant.
14. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform the
services required by this Agreement. Consultant: may be required to fill out a conflict of interest
form or Statement of Economic Interest (Form 700) if the services provided under this
Agreement require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700, et seq. of the California Code of
Regulations.
15. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any
interest therein, directly or indirectly, by operation of law or otherwise, without prior written
consent of City. Any attempt to do so without said consent shall be null and void, and any
assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by Consultant
from City under this Agreement may be assigned to a bank, trust company or other financial
institution without prior written consent. Written. notice of such assignment shall be promptly
furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and outstanding
capital stock of Consultant, or of the interest of any general partner or joint venturer or
syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or
cotenancy, which shall result in changing the control of Consultant, shall be construed as an
assignment of this Agreement. Control means fifty percent (50%) or more of the voting power
of the corporation.
16. SUBCONSULTANT APPROVAL:
Unless prior written consent from City is obtained, only those people and
subconsultants whose names are included in this .Agreement shall be used in the performance
of this Agreement. In the event that Consultant employs subconsultants, such subconsultants
shall be required to furnish proof of workers' corn pensation insurance and shall also be required
to carry, at a minimum, general, automobile and professional liability insurance equal to the
insurance maintained by the Consultant as required by this agreement. In addition, any work
or services subcontracted hereunder shall be subject to each provision of this Agreement.
17. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of this
Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City
Business License, that may be required in connection with the performance of services
City of Cupertino Consultant Master Agreement
Cost Estimating Services - Cumming Page 6 of 11
hereunder.
18. REPORTS:
A. Each and every report, draft, work product, map, record and other document,
hereinafter collectively referred to as 'Report", reproduced, prepared or caused to be prepared
by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property
of City. Consultant shall not copyright any Report required by this Agreement and shall
execute appropriate documents to assign to City the copyright to Reports created pursuant to
this Agreement. Any Report, information and data acquired or required by this Agreement
shall become the property of City, and all publication rights are reserved to City. Consultant
may retain a copy of any report furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
1) The original Project for which Consultant was hired;
2) Completion of the original. Project by others;
3) Subsequent additions to the original project; and/or
4) Other City projects as appropriate.
C. Consultant shall, at such time and :in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
D. All reports required to be providecl by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one original,
which shall be single sided.
E. No report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be invade available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall constitute the
Project deliverables. Documents shall be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
19. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such information required by City that relate to the performance of
services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient detail to
permit an evaluation of services. All such records shall be maintained in accordance with
generally accepted accounting principles and shall be clearly identified and readily accessible.
Consultant shall provide free access to such books and records to the representatives of City or
its designees during normal business hours, and gives City the right to examine and audit same,
and to make transcripts there from as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to i:his Agreement. Such records, together with
supporting documents, shall be kept separate from other documents and records and shall be
City of Cupertino Consultant Master Agreement
Cost Estimating Services - Cumming Page 7 of 11
maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised
by City's preliminary examination or audit of records, and the City's supplemental examination
or audit of the records discloses a failure to adhere to appropriate internal financial controls, or
other breach of contract or failure to act in good faith, then Consultant shall reimburse City for
all reasonable costs and expenses associated with the supplemental examination or audit.
20. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be
given in writing and conclusively shall be deemed served when delivered personally or on the
second business day after the deposit thereof in the United States Mail, postage prepaid,
registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be addressed
to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Carmen ynaugh
All notices, demands, requests, or approvals from City to Consultant shall be addressed
to Consultant at:
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
Attention: Nick Mata
21. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at the
time and in the manner required hereunder, Consultant shall be deemed in default in the
performance of this Agreement. The City shall notify the Consultant of such default,in writing,
specifying the nature of such default and the steps necessary to cure such default, If, after
receipt by Consultant, such default is not cured within the time specified, City may terminate
the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating this
Agreement by giving seven (7) days' prior written notice to Consultant as provided herein.
Upon termination of this Agreement, each party shall pay to the other party that portion of
compensation specified in this Agreement that is earned and unpaid prior to the effective date
of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports,
City of Cupertino Consultant Master Agreement
Cost Estimating Services — Cumming Page 8 of 11
documents, and other work performed by Consultant under this Agreement.
22. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
23. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rules which may direct the application of laws of another
jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders,
rules, and regulations of the authorities having jurisdiction over this Agreement (or the
successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
24. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed
any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the
services performed under this Agreement unless prior written approval has been secured from
City to do otherwise.
25. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other term,
covenant, or condition contained herein, whether of the same or a different character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
whatsoever between the parties hereto, and all preliminary negotiations and agreements of
whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall
be held to vary the provisions hereof. Any modification of this Agreement will be effective only
by written execution signed by both City and Consultant.
City of Cupertino Consultant Master Agreement
Cost Estimating Services - Cumming Page 9 of 11
26. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of any gift
by a City officer or designated employee, which prohibition is found in City Administrative
Procedures.
B. Consultant agrees not to offer any City officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
Agreement by Consultant. In addition to any other remedies, City may have in law or equity,
City may terminate this Agreement for such breach as provided in Section 19 of this Agreement.
27. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be
deemed to be enacted herein, and the Agreement shall be read and enforced as though each
were included herein. If through mistake or otherwise, any such provision is not inserted or is
not correctly inserted, the Agreement shall be amended to make such insertion on application
by either party.
28. REPRESENTATION OF AUTHORITY:
The person executing this agreement on behalf of the CONSULTANT. does hereby represent
and warrant that the CONSULTANT is a sole proprietor in the State of California and has full
right, power, and authority to enter into and carry out all actions contemplated by this
Agreement.
29. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF, the parties have caused. the Agreement to be executed.
City of Cupertino Consultant Master Agreement
Cost Estimating Services — Cumming Page 10 of 11
CONSULTANT
CUMMING
A California Corporation
Y
Name c Ak— ",
Title Sewc t C..4
Date (2/Z 2ol j
Tax I.D. No.: 2°'$-7I3
Address:
475 Sansome St., Suite 520
San Francisco, CA 94111
CITY OF CUPERTINO
A Municipal Corporation
By
Timm Borden, Director of Public Works
Date -A2 1 C' / 3
APPROVED AS TO FORM:
Ca of Korade, City Attorney
ATTEST:
f -/, 7
Grace Schmidt, City Clerk
Contract Amount: $ 40,000
Account No.: BY SERVICE ORDERS
Ila- d`'%° / > o / t — `,
91f-P/-/ JIXIX)
City of Cupertino Consultant Master Agreement
Cost Estimating Services - Cumming Page 11 of 11
EXHIBIT A
SCOPE OF SERVICES
The CONSULTANT shall provide certain Estimating services as required and requested by the
CITY.
The CONSULTANT shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from the CITY's Director of Public Works or authorized
Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully
executed SERVICE ORDER, Exhibit B.
SECTION 1- GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public
Works Director or authorized Agent.
B. The CONSULTANT shall perform all services under this agreement to the currently
prevailing professional standards and quality found among Cost Estimating Consultants
with similar knowledge and skill engaged in related work throughout California under
the same or similar circumstances.
C. The CONSULTANT shall perform services under this AGREEMENT only by
authorization of a fully executed SERVICE ORDER which shall clearly provide the
nature of the specific services, the time limit within which such services must be
completed, and the compensation for such services. Unauthorized services performed
by the CONSULTANT shall be at no cost to the CITY.
D. The CONSULTANT shall begin work only after receipt of a fully authorized and
executed SERVICE ORDER. The CITY shall incorporate each authorized and fully
executed SERVICE ORDER into the terms and conditions of this MASTER
AGREEMENT.
E. The CITY shall designate a Project Manager for each authorized and fully executed
SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the
SERVICE ORDER performance with the CITY's designated Project Manager.
SECTION 2. BASIC SERVICES
The Consultant shall provide Cost Estimating services for various CITY Public Works projects.
All services performed shall be authorized by a fully executed SERVICE ORDER prior to work
commencement. Consultant services under this Master Agreement may include, but are not
limited to:
City of Cupertino Exhibit A -Scope of Services
Cost Estimating Services — Cumming Page 1 of 2
EXHI131T A
SCOPE OF SERVICES
A. Services
1) Provide services with varying degrees of information provided by the City
a) Including the following types of estimates and services:
a. Budgetary Cost Estimating
b. Specific Project Cost Estimating
c. 3rd Party Peer Review
d. Value Engineering
e. Continuous Cost Management
f. Target Value Design Assistance
g. Change Order Analysis
h. Cash Flow and Forecast during construction
i. Construction Cost Audits
j. Project Soft Cost Analysis and Planning
END OF EXHIBIT
City of Cupertino Exhibit A -Scope of Services
Cost Estimating. Services —Cumming Page 2 of 2
EXHIBIT B
SERVICE ORDER PROCESS
The CONSULTANT shall provide services under this Master Agreement on an "as needed"
basis and only (1) upon written request from the CITY's Director of Public Works or authorized
Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed
Service Order..
SECTION 1- SERVICE ORDER INITIATION
A. The City Public Works Director or his designee shall provide written request for
Consultant services as defined in this agreement. The Consultant and City shall meet to
discuss the services after which the consultant shall provide a written proposal
including specific scope of services, performance schedule, and compensation to the
City.
B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C. The City shall prepare a Project Service Order consistent with the City's standard form,
Service Order, and Attachment A. The Service Order shall, at a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2- SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures of the
authorized representatives defined in Article 11 of the Master Agreement, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside
the scope of services once a Service Order is signed and authorized shall be at no cost to
the City.
F. The maximum compensation authorized by a single Service Order and/or the aggregate
of Service Orders shall not exceed the maximum compensation set forth in Article 4 of
the Master Agreement.
END OF EXHIBIT
City of Cupertino
Cost Estimating Services — Cumming
Exhibit B -Service Order Process
Page 1 of 1
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this
Exhibit which shall remain in effect for the Master Agreement schedule of performance
unless changed by written amendment to the Master Agreement.
Each authorized Service Order under this Master Agreement shall identify the method
of compensation consistent with the scope of services provided by the Consultant. In
any case, the Consultant's total payment for each authorized Service Order shall not
exceed the maximum compensation identified in that Service Order, unless authorized
by a written amendment executed by the City and the Consultant, and the total
compensation for all authorized Service Orders shall not exceed the maximum
compensation stated in Article 4, Consultant Compensation, of the Master Agreement.
Work exceeding the total authorized amount for a Service Order or the total
compensation for the Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all
work performed under authorized Service Orders:
Labor Category Master Agreement Hourly Rate
V;rec'°r Q5A-wr
Se.or C04
off% M.C.Cff t f (00 lc, -,i '
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor,
specifically required to perform the scope of services and beyond normal business
operating expenses which are included in the direct labor rate. Such expenses include,
but are not limited to:
Individual or multiple document reproductions that exceed 50 pages;
Travel expenses to the extent allowed by City policy;
Sub -consultants required by project scope of services;
The City shall compensate the Consultant for such reimbursable expenses only with
prior written authorization by the City representative designated in Article 11, Project
City of Cupertino Exhibit C -Compensation
Estimating Services— Cumming Pagel of 2
EXHIBIT C
COMPENSATION
Coordination, of the Master Agreement. All compensation, including reimbursable
expenses, shall not exceed the maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the
documented actual cost only, allowing for no surcharge for Consultant administration.
Reimbursable e-xpenses shall be separately identified on the Consultant invoice.
Method of Payment
The Consultant shall submit an invoice to the City by the 51h business day of each
month that clearly identifies the work performed in the previous month and authorized
reimbursable expenses. All invoices from Consultant shall be addressed to City at:
Attention: Carmen Lynaugh
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
The invoice shall identify the applicable period of work, a description of the work performed
consistent with the Service Order scope of services, the number of hours, hourly rate,
reimbursable expenses, Service Order maximum compensation, Service Order compensation to
date including invoice number, total invoice amount for current invoice, Service Order
maximum compensation balance remaining.
All Consultant payments shall be addressed to:
Attention: Nick Mata
Cumming
475 Sansome Street, Suite 520
San Francisco, CA 94111
END OF ]EXHIBIT
City of Cupertino Exhibit C -Compensation
Estimating Services — Cumming Page 2 of T