15-124 Prodis Associates Architects for the Simms House Removal 'D-016 `107
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PRODIS ASSOCIATES ARCHITECTS
FOR CONSULTANT SERVICES FOR THE SIMMS HOUSE REMOVAL
THIS AGREEMENT,for reference datedtJ �� 20� by and between CITY OF
CUPERTINO,a municipal corporation(hereinafter re erred to as"City"),and PRODIS ASSOCIATES
ARCHITECTS,a California corporation,whose address is 991 West Hedding St.,Ste. 101,San Jose,CA
95126(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 architectural and engineering
services 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 December 31,2015,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
SIXTEEN THOUSAND FIVE HUNDRED Dollars ($ 16,500). 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.
Page 1 of 10
City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
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 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.
8. 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.
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. Alex Acenas is hereby designated as the Director of Public Works' designee and Project
Manager,and shall supervise the progress and execution of this Agreement.
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 Jean Rose.
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City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
11. HOLD HARMLESS:
A. Indemni,T�gations Subject to Civil Code Section 2782.8.
1. Where thelaw 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' 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 that the damage is caused by the sole or active negligence or willful
misconduct of City,its agents or employees.
C. Claims involving intellectual property. In addition to the obligations set forth in(A)and
(B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed
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.
Page 3 of 10
City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
12. INSURANCE:
On or before the commencement of the term of this Agreement,Consultant shall furnish City
with certificates showing the type,amount,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 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) Liabili
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:
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 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
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City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
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 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.
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.
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.
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City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
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 WORD:
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 under
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.
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.
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City of,Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
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 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
at:
City of Cupertino
Attn:Alex Acenas,Public Works Project Manager
10300 Torre Ave.
Cupertino CA 95014
All notices,demands,requests,or approvals from City to Consultant shall be addressed to
Consultant at:
Prodis Associates Architects
Attn:Jean Rose
991 W.Hedding St.,Ste. 101
San Jose,CA 95126
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.
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City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
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 regulations
enacted or issued by City.
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 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.
Page 8 of 10
City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
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
Prodis Associates Architects Agreement
For Simms House Removal
P.O.No.: -0
INWITNESS WHEREOF,the parties have caused the Agreement to be executed.
CONSULTANT CITY OF-CUPERTINO
A Municipal Corporation
Prodis Associates Architects
,YG By
�.T Timm B n,Director of Public Works
r. e7 a
Name &r r0�G�
Date S�
Title or i'A,
P
Date
Tax I.D.No.:
APPROVED AS TO FORM:
Address "I"I"Id
� _A
Carol Korade,City Attorney
ATTEST:
race Schmidt, City Clerk
Contract Amount:$16,-000 TOO
Account No. :420-99-020-900-905-1\, RW 001-02-02
Page 10 of 10
City of Cupertino
Prodis Associates Architects Agreement
For Simms House Removal
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall perform professional services as detailed in the following sections related
to the removal of the Simms House at 22241 McClellan Rd., Cupertino, CA.
SECTION 1. GENERAL
A. General PROJECT Description:The PROJECT involves the preparation of bid
documents for the removal of.the Simms House.
B. General Performance Requirements:-
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY,in accordance with the express terms hereof,including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of Public Works or his/her authorized designee(hereinafter collectively
"CITY")only. The CITY shall resolve any conflicting direction from other
groups, departments or agencies.
3. CONSULTANT.shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY.
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
CONSULTANT shall not substitute any team members without the prior approval
of the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B,may be adjusted by mutual
agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY,research applicable
design criteria, and communicate with members of the PROJECT team.
7. CONSULTANT shall submit deliverables to the CITY, according to SECTION 2—
"TASKS", of this EXHIBIT A for purposes of evaluation and approval by the
CITY.
Page 1 of 5
Prodis Associates Architects Agreement
Simms House Removal
Exhibits
C. Estimate of Probable Construction Cost: (not used)
SECTION 2. TASKS
A. Architectural:
1. Coordinate demolition requirements with CITY's Project Manager and Arborist.
2. Attend pre-bid meeting, answer questions and prepare addenda.
3. Review submittals.
4. Communicate and coordinate construction issues with subconsultants.
B. Surveying and Civil Engineering:
1. Provide a detailed topographic ground survey of the area of the property as shown
below.
2. Prepare Civil Drawings and Specifications including Demolition Plan, Grading and
Drainage Plan and Erosion Control Plan.
3. Prepare construction documents for demolition permits.
4. Attend pre-bid meeting, answer questions and prepare addenda.
5. Attend pre-construction meeting.
6. Respond to Requests for Information and furnish clarifications.
7. Review submittals.
8. Prepare final punch list.
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Page 2 of 5
Prodis Associates Architects Agreement
Simms House Removal
Exhibits
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by December 31,2015.
Page 3 of 5
Prodis Associates Architects Agreement
Simms House Removal
Exhibits
EXHIBIT C
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT,including both payment
for professional services and reimbursable expenses, shall not exceed SIXTEEN THOUSAND
FIVE DOLLARS($16,500). CONSULTANT agrees that it shall perform all of the services set
forth in Exhibit A of this AGREEMENT,except for additional services and inclusive of
reimbursable expenses for the amount of FOURTEEN THOUSAND FOUR HUNDRED
DOLLARS($14,400).The maximum amount of Additional Services authorized under Section G
of the Exhibit C is TWO THOUSAND ONE HUNDRED DOLLARS($2,100).
B. Method of Payment
For the Tasks outlined in Section 2 of Exhibit A,CONSULTANT shall invoice the CITY at the
completion of all the tasks. Provided CONSULTANT has completed the services and incurred
the reimbursable expenses covered by the Invoice in accordance with the provisions of this
AGREEMENT, as determined by the CITY,the CITY shall pay CONSULTANT the amount
shown on the Invoice within thirty(30)working days of receipt of the Invoice.
C. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
D. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation,including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints,81/2"x 11" copies or fax copies. There are no separate reimbursable expenses for Basic
Services performed under the Tasks outlined in EXHIBIT A.
E. 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 forth herein, as authorized by the CITY.
In the event Additional Services are authorized, CONSULTANT shall submit Invoices in
accordance with the CONSULTANT hourly rate schedule attached to this EXHIBIT C. The
rates shown in the EXHIBIT C-1 sall stay in effect during the full term of the contract. The CITY
shall pay Additional Services Invoices as provided in this EXHIBIT C.
Page 4 of 5
Prodis Associates Architects Agreement
Simms House Removal
Exhibits
EXHIBIT C-1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Prodis Associates Architects
Senior Principal(design&administration) $ 180 per hour
Principal $ 150 per hour
Clerical $60 per hour
Expert Witness (Consultation,Testimony,Deposition) $250 per hour
M ERIV LU
2015 BI LLI N C RATES .
SERVICE. HC}URLY;RATE
Princi6al Engineer 190 00
PriII.661 Land Surieyor 190 00.
Senior'"Engineer 165 00;:
Associate ErigineerlAssoc.Land Surveyor 14 .fl0
<Assistant Engineer/Surveyor 'E2500;
Enginery
ering/pueying Technician
Senear Qrafter Engineering-. 100;00
Sentar Qraffer Sunrey�ng €00:00
QfiWier Engineenng 90:00<
Qraftor urveying 9ft 0(
:Technician: St7,OC1
clerical:: 70.00
'1 Person Felo Surrey 170:00'
'1 Person Fieltl Survey vvlRobotic 210:00..
Person Field Suniey Crewe 250.00
Person Field Survey wAoWic 290:00
3 Person Field Sow6y Crew: 330.00
3 Person Field Survey w)Rabotic 370:00
Expert Witness Testimony
Page 5 of 5-
Prodis Associates Architects Agreement
Simms House Removal
Exhibits