Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
14-145 Sandis for street improvement plans for Steens Creek Blvd at Perimeter Rd
OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO,CA 95014-3255 TELEPHONE:(408)777-3223•FAX: (408)777-3366 WEBSITE:vwvw.cupertino.org CUPERTINO March 17, 2015 Sandis 936 E. Duane Avenue Sunnyvale, CA 94085 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 RST AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SANDIS FOR CONSULTANT SERVICES FOR STREET IMPROVEMENT PLANS FOR STEVENS CREEK BLVD AT PERIMETER RD This First Amendment to the Consultant Services Agreement between the City of Cupertino and SANDIS, for reference dated 2015 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and SANDIS, a California corporation, whose address is 936 E. Duane Avenue, Sunnyvale, CA 94085, (hereinafter"Consultant"), and is made with reference to the following: RECITALS: A. On August 27, 2014, an agreement was entered into by and between City and SANDIS for Consultant Services for Street Improvement Plans for Stevens Creek Blvd at Perimeter Road (hereinafter "Agreement"). B. City and SANDIS 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. Paragraph 1 of the Agreement, "TERM" is modified to read as follows: The services and/or materials furnished under this Agreement shall be completed before August 31, 2015, unless terminated earlier as set forth in the Agreement. 2. Paragraph 4 of the Agreement, "COMPENSATION TO CONSULTANT" is modified to read as follows: The maximum compensation to be paid to Consultant under this Agreement shall not exceed twenty-five thousand two hundred dollars ($25,200.00), consisting of twenty-four thousand dollars under the original agreement, and one thousand two hundred dollars ($1,200.00) under the amendment to the Agreement. The rate of payment is set out in Exhibit C. Consultant shall furnish monthly invoices for interim progress payments during the course of each phase, clearly stating as the minimum total Contract amount, amount paid to date, percent complete and amount due. Page 1 of 2 City of Cupertino Amendment For Consultant Services for Plans,Specifications,and Estimates for Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension 3. 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. SANDIS CITY OF CUPERTINO A Municipal Corporation B By,, Director of Public Works, Timm Borden Title Date Date t S� RECOMMENDED FOR APPROVAL: By, Senior Civil Engineer, David Stillman APP D TO FORM: By r Korade, City Attorney ATTEST: Byq ORI Grace Schmidt, City Clerk �o- -C O 2 Total Amount$25,200.00 Amendment Amount$ 1,200.00 Account No. 270-9563-9300 Page 2 of 2 City of Cupertino / -- Amendment For Consultant Services for Plans,Specifications,and Estimates for Stevens Creek Blvd at Perimeter Rd Turn Pocket Extension © D ' S CIVIL ENGINEERS O SURVEYORS PLANNERS February 24,2015 Project No. 214107.999 David Stillman EXHIBIT"C" City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Tel:408.777.3354 RE: STREET IMPROVEMENT PLAN—PERIMETER @ STEVENS CREEK ADDITIONAL SERVICE REQUEST Dear David, This letter is our amendment to the original proposal dated July 21, 2014 for the above referenced project. The following scope of work is included in this amendment: • Provide additional services due to the updated to the project's perimeter. Our services will be provided for the total sum of$1,200(One Thousand Two Hundred Dollars)and will be performed under the provisions of our current contract. If this proposal meets with your approval please forward your amendment to contract to our Sunnyvale office as your authorization to proceed. Very truly yours SANDIS K (::� i �aylor Project Manager Chad Browning, P.E. Associate Principal AT/beh 936 E.Duane Avenue ( Sunnyvale,CA 94085 P. 408.636.0900 ( F. 408.636.0999 www.sandis.net OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223•FAX: (408)777-3366 WEBSITE:www.cul:)ertino.org CUPERTINO September 2, 2014 Sandis 936 E. Duane Avenue Sunnyvale, CA 94085 Re: Agreement for contract 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 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND SANDIS FOR CONSULTANT SERVICES FOR STREET IMPROVEMENT PLANS FOR STEVENS CREEK BLVD AT PERIMETER ROAD THIS AGREEMENT, for reference dated o4V �7 ,2014, is by and between CITY F CUPERTINO, a municipal corporation(hereinafter referred to as"City"), SAND Y ), IS,a California corporation, whose address is 936 E. Duane Avenue,Sunnyvale, CA 94085 (hereinafter (/ referred to as "Consultant"), 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 street improvement plans for Stevens Creek Blvd at Perimeter Road 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 the date this agreement is executed and shall terminate on October 31,2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A"titled "Scope of Services" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFORMANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit B, titled "Schedule of Performance", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT[': The maximum compensation to be paid to Consultant under this agreement shall not exceed Twenty Four Thousand Dollars ($24,000). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. Page 1 of 10 City of Cupertino SANDIS Agreement For Consultant Services for Street Improvement Plan for Stevens Creek Blvd at Perimeter Road 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. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. 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. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of an 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 CollsUltant'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. 8. IMMIGRATION REFORM AND CONTROL ACT CIRCA)- 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. 9. 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. 10. PROTECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. David Stillman is hereby designated as the Director of Public Works' designee and Project Manager., and shall supervise the progress and execution of this Agreement. City of Cupertino Page 2 of 110 SANDIS Agreement For Consultant Services for Street Improvement Plan for Stevens Creek Blvd at Perimeter Road CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Amy Taylor. 11. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. 1. Where the law establishes it 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 t-o 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' fees 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 or active negligence or willful misconduct of City, its agents or employees. 2. Notwithstanding the foregoing, the Consultant has no duty to provide or to pay for an up-front defense against unproven claims or allegations,but shall pay or reimburse the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation to the extent caused by the negligence, recklessness, or willful misconduct of Consultant or its employees, officers, officials, agents or independent contractors. However, the Consultant shall provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such claims. B. Claims for Other Liability. For all liabilities other than those included within paragraph A. above, Consultant shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, 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. Consultant shall not be obligated under this Agreement to indemnify City to the extent tl:,at the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual proper.U. In addition to the obligations set forth in (A) and (13) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed Page 3 of 10 City of�Cupertino SANDIS Agreement hor Consultant Services for Street Improvement Plan for Stevi;ns Creek Blvd at Perimeter Road officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. 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. 12. INSURANCE: On or before the commencement of the term of this Agreement,Consultant shall furnish City with certificates showing the type, amount,effective daises 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 before,the expiration date thereof,the insurer affording coverage shall provide thirty(30)days'advance written notice to the City of Cupertino,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 authorized to do insurance business in the State of California. Endorsements naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies 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 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: Commercial 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 accident (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 per claim and in the aggregate. B. SUBROGATION WAIVER: City of Cupertino Page 4 of:I U SANDIS Agreement For Consultant Services for Street hnprovement Plan for Stevens Creek Blvd at Perimeter Road Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide commercial 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 commercial 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 IOSS 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 worker's compensation and professional liability insurance, required by this Agreement. 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. 13. CONFLICT OF INTEREST: Consultant warrants that it is riot 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. 14. 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. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and.subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. Page 5 of 10 City of Cupertino SANDIS Agreement For Consultant Services for Street Improvement Plan for Stevens Creek Blvd at Perimeter Road 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. 16. 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. 17. OWNERSHIP OF WORK: A.. Any interest(including copyright interests)of Consultant and its subconsultants in each and every study, document,report, draft,memoranda, work product,map,record,plan, drawing, specification and other deliverable,in any medium prepared or created by Consultant or its subconsultants pursuant to or in connection with this Agreement,shall be the exclusive property of City. To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City. -In the event that it is ever determined that any works prepared or created by Consultant or any SUbconsultant under this Agreement are not works for hire tinder U.S.law, Consultant hereby assigns to City all copyrights to such works when and as created. With Owner's prior written approval, Consultant may retain and use copies of such works for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant may retain the copyright,but grants to City a perpetual non-exclusive license to use such details in connection with the Project. B. Without limiting any other City right to any of the works prepared or created by Consultant or its subconsultants,all works 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. Any City reuse of works shall be subject to California Business and Professions Code Sections 5536.25,6735, 6735.3 or 6735.4,if and to the extent applicable. Any City reuse of works for any purpose other than those in B(1)through B(3)above, and any modifications to any of the works,shall be at City's sole risk and expense. D. Consultant shall, at such time and in such form as City may require,furnish reports concerning the status of services required under this Agreement. E. All written work required to be provided by this Agreement(other than large-scale architectural plans and similar items)shall be printed on recycled paper and shall be copied on both sides of the paper except for one original,which shall be single sided. F. No work,information or other data given to or prepared created or assembled by Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any individual or organization by Consultant or any subconsultant without prior approval by City. G. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables.Plans shall be in CAD and PDF formats,and other documents shall be in Microsoft Word and PDF formats. Page 6 of l0 City of Cupertino SANDIS Agreement For Consultant Services for Street Improvement Plan for Stevcns Creek Blvd at Perimeter Road 18. 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 ol: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 there from 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. 19. 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 a t: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention:David Stillman All notices,demands,requests,or approvals from City to Consultant shall be addressed to Consultant at: Amy Taylor,Project Manager SA NDIS 936 E.Duane Avenue Sunnyvale, CA 94085 20. 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 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. Page 7 of 10 City of Cupertino SANDIS Agreement For Consultant Services for Street Improvement Plan for Stevens Creek Blvd at Perimeter Road In the event of termination, Consultant shall deliver. to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws,and all ordinances,rules and regu lations enacted or issued by City, including any applicable provision of the California Labor Code,including,but not limited to, the wage and hour,prevailing wage,workers compensation,and various other labor requirements in Division 2,Part 7,Chapter 1,including Sections 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860 and 1861,which provisions are specifically incorporated herein by reference as though set forth herein in their entirety. 22. 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. 23. 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. 24. 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. 25. 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. 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 Consuuttant. 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. City of Cupertino Page 8 of]0 SANDIS Agreement 1701-Consultant Services for Street Improvement Plan for Stevens Creek Blvd at Perimeter Road 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. 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. Page 9 of 10 City of Cupertino SANDIS Agreement For Consultant Services for Street Improvement Plan for Ste,/ens Creek Blvd at Perimeter Road P.O.No.: IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation SANDIS By gym Timm Borden,Director of Public Works Name Ken N. 01cott Date 7 � Title President f Date August 12, 2014 Tax I.D. No.: 94-1724242 APPROVED AS TO FORM: Address: 936 E. Duane Avenue Sunnyvale, CA 94085 ltaAA-/�- Carol Korade,City Attorney ATTEST: Grace Schmidt, City Clerk Contract Amount: $24,000 Account No. :270-9565-9300 Page 10 of 10 City of Cupertino SANDIS Agreement For Consultant Services for Street Improvement Plan for Stevens Creek Blvd at Perimeter Road SAN DIS �°^mwwNa*~EXh'�,'f �� - SrO[)eOfSe .Ces � "v"vmvm=�PLANNICAS Task 1: Construction Documents Provide a Supplemental Topographic Survey ata scale of1^=2o' This survey will show the location nfexisting trees,structures,walkways,fences,adjacent roadways,and utility information within the project areas. The location of utility vaults, manholes,catch basins and invert information of Storm and Sanitary Sewers vvn|be shown based upon a field survey,The location of underground utility lines such as gas,water, electric,and any on- site ud|itiosvvU1beshownbaseduponavaUableaaeocvrecn,ds. Prepare Engineering Construction Documents which includE!:Coordination with Traffic Engineer for lane demand; Preparation ofFinal Grading and,Drainage Plans,Technical Specifications, Erosion Control Plan,Traffic Control Plan' Demolition Plan and Review ofutilities and prepare relocation/connection. Task 2: City Review and Approval Provide plans to City for review and address comments. Task 3: Landscape Architect Services Landscape Architect Services included include: Preparation of landscape and irrigation p|ans, Final permit Package for the civil/landscape portion of work to include City Review and Approval,Consultant I Agency Coordination,and address City review comments. . . CIVIL ENGINE'ESIS SURVEYORS Exhibit B — Schedule of performance PLANN RS Me � — — __..._.....__. _;_...__._........._ — Monthl., fit, ; t Task Task 1:Topographic Survey : , "`' .._.--_ .........----....................------- Task 2: Construction Documents Task 3: City Review and Approval " ' - -- �. .< _........_----- __.... _.._____._........! Task 4: Landscape Architect Services x CJVi ENGINE0115 OAS Exhibit C - Compensation PURVEY S AN DI S I PLANNtR5 SM wN ffilp hwy as otal Wo �41 ! s� 111,1;111,1,1�11,,,,,� A 01 1 rg We M. ill.MR, Task 1 Topographic Survey $4,500 Task 2 Construction Documents (Engineering, Landscape design) $14,500 Task 3 City Review and Approval $2,500 Task 4 Landscape Architect Services $2,500 Total:1 $24,0001