15-193 Deborah Ellis for Arborist Consultant Services for the McClellan Ranch West Simms House Removal Project po Do/G-366
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
DEBORAH ELLIS FOR ARBORIST CONSULTANT SERVICES FOR THE
McCLELLAN RANCH WEST SIMMS HOUSE REMOVAL PROJECT
THIS AGREEMENT, for reference datedNoa t2+2015, is by and between CITY
OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
DEBORAH ELLIS, Consulting Arborist and Horticulturist, a sole proprietor, whose
address is (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 arborist
consultant services for the Civic Center Master Plan & Parking Garage Conceptual
Planning Project 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 of this agreement and
shall terminate on January 31,2016,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 PERFOMRANCE:
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.
City of Cupertino Page 1 of 10 Agreement
McClellan Ranch West
Simms House Removal
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall
not exceed Nine Thousand Six Hundred Fourteen Dollars ($9,614). The rate of payment
is set out in Exhibit C entitled "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.
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 ofthe 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 (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 harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
City of Cupertino Page 2 of 10 Agreement
McClellan Ranch West
Simms House Removal
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 the 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 Deborah Ellis, Principal Project Manger.
11. 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
them, including any injury to or death of any person or damage to property or other
liability of any nature, whether physical, emotional, consequential or otherwise, arising
out, pertaining to, or related to the performance of this Agreement by Consultant or.
Consultant's employees, officers, officials, agents or independent contractors. Such costs
and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert
fees and all other costs and fees of litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof, the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
City of Cupertino Page 3 of 10 Agreement
McClellan Ranch West
Simms House Removal
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate-all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of $1,000,000 will be considered equivalent to the
required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by
law and computed from the date written notice is received that the premiums have not
been paid.
City of Cupertino Page 4 of 10 Agreement
McClellan Ranch West
Simms House Removal
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.
As to the automobile coverage, Consultant represents and warrants that she has
personal automotive liability coverage in the amounts represented above, which covers
her operations as a consultant under this Agreement. As to that personal automobile
policy only the City is not an additional named insured, however, nothing in this
paragraph relieves consultant of her obligation to defend and indemnify the City under
the terms of this Agreement.
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
City of Cupertino Page 5 of 10 Agreement
McClellan Ranch West
Simms House Removal
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.
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. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City
the copyright to Reports created pursuant to this Agreement. Any Report, information
and data acquired or required by this Agreement shall become the property of City, and
all publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be 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.
City of Cupertino Page 6 of 10 Agreement
McClellan Ranch West
Simms House Removal
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.
F. Electronic and hard copies of Consultant's work product shall constitute
the Project deliverables. Plans to be in CAD and PDF formats, and other documents to
be in Microsoft Word and PDF formats. City holds Consultant harmless for any
modifications to the documents.
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 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.
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
Attention:Alex Acenas,Public Works Project Manager
10300 Torre Ave.
Cupertino CA 95014
City of Cupertino Page 7 of 10 Agreement
McClellan Ranch West
Simms House Removal
Phone:408-777-3232
E-mail: alexa@cupertino.org
All notices, demands,requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Deborah Ellis,MS
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.
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
City of Cupertino Page S of 10 Agreement
McClellan Ranch West
Simms House Removal
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.
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.
26. 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.
City of Cupertino Page 9 of 10 Agreement
McClellan Ranch West
Simms House Removal
P.O. No.: `a-O( & - 366
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
Deborah Ellis,MS
By B ;21-c
1 "I
^ I t Timm Borden, Director of Public Works
Name El
Title
principal Date llllwi
Date Spit, 2-4 els
Tax I.D. No.:
APPROVED AS TO FORM:
P.O. Box 3714
Saratoga, CA 95070-1714
Phone no. 408-725-1357 (/=o_
of Korade, City Attorney
ATTEST:
9/1 St-
Grace Schmidt, City Clerk (i & t(c
Contract Amount:$9,614
Account No. :420-99-020-900-905-MRW 001-02-03
City of Cupertino Page 10 of 10 Agreement
McClellan Ranch West
Simms House Removal
EXHIBIT A
SCOPE OF SERVICES
CONSULTANT shall perform professional arborist services as detailed in the following sections
related to the McClellan Ranch West Simms House Removal project.
SECTION 1. GENERAL
A. General PROJECT Description:Deborah Ellis,provide arborist services,for the
McClellan Ranch West Simms House Removal project. The City is moving forward with
this project and requires arborist services before and during the construction phase.
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. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5)working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY,to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through 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.
The team members shall include Deborah Ellis as CONSULTANT's Principal-in-
charge for the duration of the PROJECT. 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, if any, and administer
the PROJECT. CONSULTANT shall consult with the CITY,research applicable
design criteria, and communicate with members of the PROJECT team.
City of Cupertino Page 1 of 7 Exhibits A,B&C
McClellan Ranch West
Simms House Removal
7. CONSULTANT shall assist the CITY, as requested by the CITY,in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT.
SECTION 2. TASK
TASK 1. PROVIDE ARBORIST SERVICES
CONSULTANT will act as the project arborist on the project and provide the following
services:
1. Prepare written Tree Protection Specifications for the Project. These will include
CITY's standard tree protection fencing detail. Mark up the Excavation Plan,
showing the location of tree protection fencing that will be installed by the
general contractor prior to the beginning of work. This marked up plan will
become part of the Tree Protection Specifications for the project.
2. Before any work begins or construction equipment and materials are brought to
the site, meet with the general contractor to review tree protection in general, as
well as fencing type and location.
3. Inspect tree protection fencing prior to work beginning or even before the CITY
issues a permit to begin work.
4. Inspect the site for tree protection compliance weekly during demolition and
grading until project completion. Each inspection will be followed by a tree
protection inspection report which will be emailed to CITY and the general
contractor.
5. Submit a final inspection report with recommendations for trees upon project
completion.
6. Be available for additional site visits or phone consultations as needed.
ADDITIONAL SERVICES
Consultant Services beyond the work in this task may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services allowance of ONE THOUSAND DOLLARS($ 1,000.00)
is made a part of this agreement. Additional services may be paid for as a negotiated
maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed.
City of Cupertino Page 2 of 7 Exhibits.A,B&C
McClellan Ranch West
Simms House Removal
EXHIBIT B
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by January 31,2016.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project.The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task#1: PROVIDE ARBORIST SERVICES Start work
within 1 week
after signing
the agreement
City of Cupertino Page 3 of 7 Exhibits A,B&C
McClellan Ranch West
Simms House Removal
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, additional services and reimbursable expenses, shall not exceed TEN
THOUSAND SIX HUNDRED FOURTEEN DOLLARS ($10,614). CONSULTANT agrees that it
shall perform all of the services set forth in Exhibit A of this AGREEMENT, except for
additional services required pursuant to Section 2,TASK and inclusive of reimbursable
expenses, for the maximum not to exceed amount of NINE THOUSAND SIX HUNDRED
FOURTEEN DOLLARS($9,614). The maximum amount of Additional Services are authorized
under Section G of this EXHIBIT C is ONE THOUSAND DOLLARS($ 1,000).
B. Method of Payment
For Task No. 1 CONSULTANT shall, during the term of this AGREEMENT,invoice the CITY
monthly based upon actual time and materials for the task set forth below in the Payment
Schedule (Schedule D below) for services performed, and reimbursable expenses incurred if
applicable,in completing that task under this AGREEMENT. (Hereinafter"Invoice.") 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.
The Invoice shall be based on actual time and materials, and it shall describe the topics and
tasks completed during the Invoice period in accordance with the Budget Schedule and
Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
City of Cupertino Page 4 of 7 Exhibits A,B&C
McClellan Ranch West
Simms House Removal
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task#1: PROJECT ARBORIST SERVICES $9,614
Additional Services $1,000
TOTAL $10,614
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Task listed above provided the total AGREEMENT amount does not
exceed TEN THOUSAND SIX HUNDRED FOURTEEN DOLLARS($10,614).
City of Cupertino Page 5 of 7 Exhibits A,B&C
McClellan Ranch West
Simms House Removal
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK COMPENSATION PAID
Task#1 — PROVIDE ARBORIST SERVICES actual time and materials
Additional Services
Paid Pursuant to
Subsection G below
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation,including,
but not limited to, any expenses related to CONSULTANT's internal plan checks,CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Task 1 of EXHIBIT A.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time
and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set
aside the sum of ONE THOUSAND DOLLARS($ 1,000) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services
that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the
EXHIBIT C-1 sail stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C.
City of Cupertino Page 6 of 7 Exhibits A,B&C
McClellan Ranch West
Simms House Removal
EXHIBIT C-1
CONSULTANT FEE SCHEDULE FOR ADDITONAL SERVICES
Hourly Rates
Arborist $200.00
Associate $ 100.00
Per Diem Rates for work requiring overnight stays
Arborist $ 1,600.00 per day
Associate $ 800 per day
•
City of Cupertino Page 7 of 7 Exhibits A,B&C
McClellan Ranch West
Simms House Removal