14-027 4Leaf plan check services for Apple Campus 2 (AC2) parking garage projectFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND 4LEAF, INC FOR PLAN REVIEW SERVICES FOR APPLE
CAMPUS 2 PARKING GARAGE PROJECT
This First Amendment to the Agreement between the City of Cupertino and
4Leaf, Inc, for reference dated August 5, 2015, is by and between the CITY
OF CUPERTINO, a municipal corporation (hereinafter "City") and 4Leaf, Inc., a
California Corporation ("Consultant") whose address is 2110 Rheem Drive, Suite A,
Pleasanton, California 94588, and is made with reference to the following:
RECITALS:
A. On February 10, 2014, an agreement was entered into by and between City
and Consultant (hereinafter "Agreement") for consultant services for community
benefits program.
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:
Paragraph 1 of the Agreement is modified to read as follows:
The term of this agreement shall commence on February 10, 2014 and shall terminate on
or before December 31, 2016.
2. SERVICES TO BE PERFORMED:
Paragraph 2 of the Agreement is modified to read as follows:
Consultant shall perform additional consultant services for community benefit project,
set forth in Exhibits A, which is attached hereto and incorporated herein by this
reference.
3. COMPENSATION TO CONSULTANT:
Paragraph 3 of the Agreement is modified to read as follows:
Compensation shall be increased by this amendment in the amount not to exceed
$95,000, for a total contract amount not to exceed $469,744.
4. 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.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
By
.E I,DateU
CITY OF
A Munic
By: _
Title
ROVED AS TO FORM: RECOMMENDED FOR APPROVAL
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YM7::� By:
Attorney Title
ATTEST:
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a.iu-
City Clerk 'ff2—& k
Exhibits:
Exhibit A - Scope of Services and Compensation
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT
Original Contract
100-71-701 900-923 (formerly 110-7502-9327)
$374,744
/
Amendment #1
100-71-701 900-923 (formerly 110-7502-9327)
$95,000
Total
$469,744
PO # 2015-58 (formerly 58350)
4L A,,l=", INC.
ENGIM,Eemwo • CC3SJ9T;RUCTIOW MANAGEMENT PLAN CHFCK
Exhibit A —Amendment 1
Exhibit A
Scope of Services and Compensation —Apple Campus 2 Parking Garage
1. Scope of Services: 4LEAF, Inc. "Consultant" shall provide code plan review services for the Apple
Campus 2 Parking Garage project for the City of Cupertino project. The code plan review scope for the
project will include architectural, structural, electrical, mechanical, plumbing, energy, green and
accessibility.
Plan Review staff assigned to the Project by the Consultant shall be preapproved by the City of
Cupertino Chief Building Official, and shall be removed immediately upon City's request and replaced
with an approved substitute.
2. Compensation: City shall compensate Consultant for professional services in accordance with the rates
and estimated level of effort as outlined below. Compensation shall not exceed the amount set forth
below without written authorization by the City of Cupertino's Chief Building Official.
The original compensation to be paid to Consultant under this Agreement (Cupertino Contract No.
00058350) for all services described under Section 1 of this Exhibit and reimbursable expenses was not
to exceed a total of Three Hundred and Seventy -Four Thousand and Seven Hundred and Forty -Four
dollars ($374,744.00). Any work performed or expenses incurred for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City
unless Consultant receives prior written consent by the City of Cupertino's Chief Building Official.
Additional Compensation and Scope: 4LEAF is requesting an additional $95,000 to cover the pending
contract overages of $48,387.74 and the upcoming review of the spine ramps, Photovoltaic System, and
future RFI (Request for Information) reviews and subsequent plan changes requiring review. The new
proposed amount would be Four Hundred and Sixty -Nine Thousand, Seven Hundred and Forty-four
Dollars. ($469,744). 4LEAF is performing this review with our subconsultant. Biggs Cardosa.
Title: Plan Review Manager
Invoices: In order to request payment, Consultant shall submit monthly progress invoices to the City
describing the services performed and the applicable charges (including a summary of work performed
during that period, personnel who performed the services, hours worked, and task(s) for which work
was performed if practical).
Reimbursable Expenses: Administrative, overhead, secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City's Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official's
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
Exhibit A, Amendment 1: Proposed Scope of Services and Compensation for Apple Campus 2 Parking Garage Plan Review Page 1 of 1
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND 4LEAF, INC FOR PLAN
CHECK SERVICES FOR AC2 PARKING GARAGE PROJECT
THIS AGREEMENT, for reference dated February 10, 2014, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
4Leaf, Inc; a California corporation, whose address is 2110 Rheem Drive, Suite A,
Pleasanton, CA 94588 (hereinafter referred to as "Consultant"), and is made with
— erence to the following:
//
f�i /
RECITALS`.
V /
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 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 building plan
check services for Apple Campus 2 parking garage upon the terms and conditions
herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on February 10, 2014, and shall
terminate on December 315', 2014, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" — Scope
of Services and Compensation -New Apple Campus 2 Parking Garage, and Exhibit "B" -
.Estimate: Building Plan Review Services, which are attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amount not to exceed THREE HUNDRED SEVENTY FOUR
THOUSAND, SEVEN HUNDRED FORTY FOUR DOLLARS ($374,744) set forth in
Exhibits "A" and "B" and the 2013-2014 Fee Schedule, which are attached hereto and
/+Oaa
incorporated herein by this reference. Payment shall be made by checks drawn on the
treasury of the City, to be taken from the 110-7502-9327 fund.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance
of this. Agreement.
5. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
6. INDEPENDENT PARTIES:
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.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
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 har rnless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
8. 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.
9. HOLD HARMLESS:
Indemnification:
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 there, 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.
A. Claims for Professional Liability. Where the law establishes a standard of care
for Consultant's professional services, and to the extent the Consultant breaches
or fails to meet such established standard of care, or is alleged to have breached
or failed to meet such standard of care, 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, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' feet of counsel of City's choice, expert fees
and all other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused by the
sole negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. 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, that arise out of, pertain to, or relate 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.
10. 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 9A, 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
$1,00.0,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the
amount of at least $1,000,000.
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 adequate coverage for Consultant.
11. 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 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 of the California Code of Regulations.
12. 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.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used
in the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall
be required to furnish proof of workers' compensation insurance and shall also be
required to carry general, automobile and professional liability insurance in reasonable
conformity to the insurance carried by Consultant. In addition, any work or services
subcontracted hereunder shall be subject to each provision of this Agreement.
14. 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 hereunder.
15. 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 Consul tan# 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 provided 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 made available to any individual or
organization by Consultant without prior approval by City.
16. 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 at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be 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.
17. 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: Aarti Shrivastava
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
4Leaf, Inc.
2110 Rheem Dr, Suite A
Pleasanton, CA 94588
Attn: Gene Barry
18. 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. If such default is not cured within within the
time specified after receipt by Consultant from City of written notice of default;
specifying the nature of such default and the steps necessary to cure such default, 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.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws, and all ordinances, rules
and regulations enacted or issued by City.
20. 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 authorit:ies.)
Any suits brought pursuant to this Agreement shall be filed with the courts of
the County of Santa Clara, State of California.
21. 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.
22. 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.
23. 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.
24. 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.
25. 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.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
By Mb � !��"
Albe t Sa1y j ��,�B�ilding Official
Date ��
RECOMMEND D FOR APPROVAL:
Aarti Shrivastava, Director
Community Development Department
R1 ENDED FOR APPROVAL:
David Brandt, City Manager
Al?RQV D 'S TO FORM:
'JfA�
Carol Korade, City Attorney
ATTEST:
Grace Schmidt, City Clerk 2
Attachments
Exhibits A and B Scope of Work and Estimate
2013-14 Fee Schedule & Basis of Charges.
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
AMOUNT'
110-7502-9327
$374,744
4LEAF, INC.
ENGWEERING'• CONSTRUCTION MANAGEMENT
BUIL,OING � NSf ECTION.•.PI:AN CHECK
Exhibit A
Scope of Services and Compensation — New Apple Campus 2 Parking Garage
1. Scope of Services: 4LEAF, Inc. "Consultant" shall provide plan review services for the New Apple
Campus 2 Parking Garage, which includes the ;parking structure, ramp and bridge structures, and
pedestrian bridges. 4LEAF has teamed with Biggs Cardosa Associates, Inc. ("Subconsultant") who will
perform the Structural Review of the project. 4LEAF will perform all of the Non -Structural reviews of the
project. All reviews will be in accordance with the 2010 California Building Code. The review includes
the review of all structural calculations, drawings, and specifications for the following structures:
a.) Two Proposed Parking Structures. 950,000 Sq. Ft. in the North and 1,000,000 Sq. Ft. in the South.
b.) Two Spine Ramp Structures that carry vehicles to the 3rd and 4 t levels of the parking structures.
c.) Six Vehicular bridges that interconnect the two parking structures at the 2nd, 3`d, and 4 1 levels.
d.) Three pedestrian bridges at the third level that interconnect the two parking structures.
e.) Three landscape pedestrian bridges at the 3`d level that span across the circulation roadway
between the North parking structure and walkways that lead to the main building.
2. Compensation: City shall compensate Consultant: for professional services in accordance with the
estimated level of effort as outlined below and provided under separate cover.
The compensation to be paid to Consultant under this Agreement for all services described under
Section 1 of this Exhibit and reimbursable expenses shall not exceed a total of Three Hundred and
Seventy -Four Thousand, Seven Hundred and Forty -Four Dollars ($374,744). Any work performed or
expenses incurred for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to the City unless Consultant receives prior written
consent by the City of Cupertino's Chief Building Official.
Rates and Level of Effort: Provided under separate cover
Title: Plan Review Services
Invoices: In order to request payment, Consultant shall submit monthly invoices to the City describing
the services performed and the applicable charges (including a summary of work performed during that
period, personnel who performed the services, hours worked, and task(s) for which work was
performed).
Reimbursable Expenses: Administrative, overhead, .secretarial time or overtime, word processing,
photocopying, in house printing, insurance and other ordinary business expenses are included within
the scope of payment or services and are not reimbursable expenses.
Additional Services: Consultant shall provide additional services outside the services identified in
Exhibit A only by advance written authorization from the City's Chief Building Official prior to
commencement of any additional services. Consultant shall submit, at the Chief Building Official's
request, a detailed written proposal including a description of the scope of additional services, schedule,
and proposed maximum compensation.
Exhibit A: Scope of Services and Compensation for,AC2 Parking Garage Plan Review Page 1 of 1
November 25, 2013
4LEAF, INC.
t -N 'G * INFER..G'' CON4TR UCTION., MANAGEMENT
NI
'BUImG INst EcrjoPt • PLAN CHECK
EXHIBIT B
DATE: 11/25/13 Estimate: Building Plan Review Services 2
PROPOSAL No.: P2331 v2
CLIENT: City of Cupertino
PROJECT: Apple it Parking Garages
LOCATION: Apple Campus 2, Wolfe and East Homestead Cupertino, CA
ITEM: I Unit
Structural Code Review Est Hours Rate Estimated Total
Structural Code Review Engineering, (provided by Biggs Cardoso)
Principal/PM 309 $250 $77,250
Chief Engineer 46 $200 $9,200
Associate _ 340 $170 $57,800
Senior Engineer/Plans Examiner 884 $t30 $114,920
Administrator _ 20 $75 1 $1,500
4LEAF markup on BC Invoice (20%) 1$52,134
Preliminary Sub -Total of Structural Code Review Services $312,804
ITEM: II Unit
Non -Structural Code Review Est flours Rate
Estimated Total
Non Structural Plan Review Services
Principal/PM 80 $250
$20,000
Chief Engineer 32 $200
$6,400
Associate _ 132 $170
$22,440
Senior Engineer/Plans Examiner 80 $130
$10,400
Administrator 36 $75
$2,700
Preliminn y Sub -Total of lVon-Structural Code Review Sen ices
S61,940'
Total Estimated Fees: $374; 744
Assumptions:
This is a rune and materials budget with invoicing to be submitted monthly. /nvoices are cine upon receipt.
Site visits require q four -hoar nrininuun charge. Mileage will be charged at cost phis 20% from home officefor all, meelings and site visits.
Parking Su'vdm'es' will he rlesignedro the reyuirenients of7he 20/0 CB.0 ��
That all ,curved sections and all interior sections of both the North and Soiah Parking Sa uctw'es are essemidlly the sante snare•tures"with slight modification' f r stain;
elevators, anti ramps with common details that apply to each of the structures.
The vehicular bridges,have thesame length and widthof each level and are similar in ilesign.
The pedestrian bridges have the same length and widthat each level and are similar in design.
The landscape bridges have the same design concept.
The 2 Spine structures are essentially. the same design.
Each design package will require no more than 2'reviews
Page 1 of 1.
4LEAF9 INC. Engineering a Construction Management ® Inspection ® Plan Check
2013-14 FEE SCHEDULE & BASIS OF CHARGES
For the City o11 Cupertino
Inspection Services*
As -Needed Building Inspection Services (residential) $
BASIS OF CHARGES
• .r .f1Win: voicing will betsrubmitted monthly.
•. ` Work is subject to 4=Hour minimum charges unless stated otherwise. Services billed in 4 -hour increments
• Overtime and �Prem'in time will be charged as follows:
Regular time (work begun after 5A All or before 4PM) I x hourly rate
- Nik t Time (work begun after 4PAlf or• before 5AM) 1.125 x, hourly rate
time (over 8 hour M -F or Saturdays) 1.5 x hourly rate
- Overtime ("over 8 hours Sat or P 8 hour Sun) 2 x hourly rate
- Overtime (over 8 hours Sun or flolidays) 3 x hourly rate
• Overtime will only be billed with prior authorization of the Chief Building Official, Public Works Director,
or other responsible designated City personnel.
• All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate.
• All billable expenses will be charged at cost plus 20%.
• Payment due on receipt. All payments over 30 days will be assessed a 1.5% interest charge.
• Client shall pay attorneys' fees, or other costs incurred in collecting delinquent amounts.
• Client agrees that 4LEAF's liability will be limited to the value of services provided.
2110 Rheem Drive, Suite A 0 Pleasanton, CA 94588 Phone (925) 462-5959 0 Fax (925) 462-5958