03-035 Biggs Cardosa Associates - Mary Ave Footbridge (1st amendment)
TABLE OF CONTENTS
PAGE
1. DEFINITIONS ...................................................................................................................................................1
2. TERM OF AGREEMENT ................................................................................................................................1
3. SERVICES CONSULTANT AGREES TO PERFORM ................................................................................1
4. COMPENSATION ............................................................................................................................................2
5. MAXIMUM COSTS ..........................................................................................................................................2
6. QUALIFIED PERSONNEL .............................................................................................................................2
7. REPRESENTATIVES FOR BOTH PARTIES ...............................................................................................2
8. INDEMNIFICATION AND GENERAL LIABILI'I'Y ...................................................................................2
9. LIABILITY OF CITY .......................................................................................................................................2
10. INDEPENDENT CONTRACTOR ..............................................................................................................2
11. INSURANCE .................................................................................................................................................2
12. SUSPENSION OF SERVICES ....................................................................................................................2
13. TERMINATION OF AGREEMENT FOR CAUSE ..................................................................................2
14. TERMINATION OF AGREEMENT FOR COl~'VENIENCE .................................................................2
15. CONFLICTS OF INTEREST / OTHER AGRE:EMENTS .......................................................................2
16. PROPRIETARY OR CONFIDENTIAL INFORMATION OF CITY; PUBLICITY ............................2
17. NOTICE TO THE PARTIES ......................................................................................................................2
18. OWNERSHIP OF RESULTS /WORKS FOR 1 [IRE ...............................................................................3
19. AUDIT AND INSPECTION RECORDS ....................................................................................................3
20. SUBCONTRACTOR /ASSIGNMENT /CITY )EMPLOYEES ...............................................................3
21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY ......................................3
22. DRUG-FREE WORKPLACE POLICY .....................................................................................................3
23. COMPLIANCE WITH AMERICANS WITH I;QSABILITIES ACT ......................................................3
24. DISPUTES ............................................................,........................................................................................3
25. AGREEMENT MADE IN CALIFORNIA; VEPdUE .................................................................................3
26. COMPLIANCE WITH LAWS ....................................................................................................................3
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27. CONSTRUCTION .................................................,......................................................................................3
28. MISCELLANEOUS ......................................................................................................................................3
29. ENTIRE AGREEMENT; MODIFICATIONS OF AGREEMENT .........................................................3
30. SURVIVAL OF CERTAIN PROVISIONS ................................................................................................4
31. LIST OF APPENDICES AND SCHEDULES ............................................................................................4
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THE CITY OF CUPERTINO
FIRST AMENDMENT TO
AGREEMENT BETWEEN
THE CITY OF C:UPERTINO
AND
BIGGS CARDOSA ASSOCIATES, INC.
THIS FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT ("Agreement") is
dated this day of , 2005, in the; City of Cupertino, State of California, by and between
Biggs Cardosa Associates, Inc., hereinafter referred to as ("Consultant") and CITY OF CUPERTINO, hereinafter
referred to as ("City").
Recitals
WHEREAS, CITY and CONSULTANT desire to amend the AGREEMENT to modify the basic
agreement, scope of services, and increase the total compen:;ation; and
WHEREAS, the CITY OF CUPERTINO desires to obtain professional consultant services for the Mary
Avenue Bicycle Pedestrian Bridge, (hereinafter, PROJECT); and
WHEREAS, City's rules and regulations authorize City to enter into agreements for professional temporary
services; and
WHEREAS, Biggs Cardosa and Associates has the necessary professional expertise and skills to perform
the professional services required,
Now, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, stipulated and agreed, the parties agree as follows:
1. Definitions
1.1 Unchanged. See Basic Agreement.
2. Term of Agreement
2.1 All work comprising the Services shall be de~;med performed under this Agreement. This Agreement
shall conclude upon the completion of the Project. Service:; under this agreement are anticipated to commence on or
about June 21, 2005, and be completed September 30, 200"7. Actual commence and completion dates are subject to
change by agreement of the parties to the Agreement.
3. Services Consultant Agrees to Perform
3.1 See Basic Agreement and Appendix A of this First Amendment.
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4. Compensation
4.1 See Basic Agreement and Appendix B of this ]~irst Amendment.
5. Maximum Costs
5.1 Unchanged. See Basic Agreement.
6. Qualified Personnel
6.1 Unchanged. See Basic Agreement.
7. Representatives for Both Parties
7.1 Each party hereby designates the following representative: Terry W. Greene, City Architect, for
City; and Mahvash Harms, Principal of Biggs Cardosa Associates, Inc., for Consultant. These representatives
are authorized to act on the respective parties' behalf with r~;spect to this Agreement. Each party may delegate all or
some of the representatives' role and function to some other representative, or change its representative, at any time
and with notice to the other party.
8. Indemnification and General Liability
8.1 Unchanged. See Basic Agreement.
9. Liability of City
9.1 Unchanged. See Basic Agreement.
10. Independent Contractor
10.1 Unchanged. See Basic Agreement.
11. Insurance
11.1 Unchanged. See Basic Agreement.
12. Suspension of Services
12.1 Unchanged. See Basic Agreement.
13. Termination of Agreement for Cause
13.1 Unchanged. See Basic Agreement.
14. Termination of Agreement for Convenience
14.1 Unchanged. See Basic Agreement.
15. Conflicts of Interest /Other Agreements
15.1 Unchanged. See Basic Agreement.
16. Proprietary or Confidential Lrformation of City; Publicity
16.1 Unchanged. See Basic Agreement.
17. Notice to the Parties
City and Consultant shall provide notices to the other in written form, sent by certified mail, return receipt
requested, or by overnight courier, or delivery service, with signature required, as follows:
C~
City of Cupertino
10300 Torre Avenue
Cupertino, Ca. 95014
Attn: Terry W. Greene
Consultant
Biggs Cardosa Associates, Inc.
1871 The Alameda, Suite 200
San Jose, Ca. 95126-1752
Attn: Mahvash Harms
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18. Ownership of Results /Works for Hire
18.1 Unchanged. See Basic Agreement.
19. Audit and Inspection Records
19.1 Unchanged. See Basic Agreement.
20. Subcontractor /Assignment /City Employees
20.1 Unchanged. See Basic Agreement.
21. Non-Discrimination and Equal Employment Opporrunity
21.1 Unchanged. See Basic Agreement.
22. Drug-Free Workplace Policy
22.1 Unchanged. See Basic Agreement.
23. Compliance with Americans with Disabilities Act
23.1 Unchanged. See Basic Agreement.
24. Disputes
24.1 Unchanged. See Basic Agreement.
25. Agreement Made in California; Venue
25.1 Unchanged. See Basic Agreement.
26. Compliance with Laws
26.1 Unchanged. See Basic Agreement.
27. Construction
27.1 Unchanged. See Basic Agreement.
28. Miscellaneous
28.1 Unchanged. See Basic Agreement.
29. Entire Agreement; Modifications of Agreement
29.1 Unchanged. See Basic Agreement.
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30. Survival of Certain Provisions
30.1 Unchanged. See Basic Agreement.
31. List of Appendices and Schedules
31.1 Appendix A: Scope of Services
31.2 Appendix B: Payments to Consultant
31.3 Appendix C: Insurance: Unchanged. See Ba;>ic Agreement, Appendix C
31.4 Schedule 6.2: Professional Personnel: Unchanged. See Basic Agreement, Schedule 6.2
1N WITNESS WHEREOF, the parties hereto have executed this First Amendment the day first mentioned above.
"City" CITY OF CUI'ERTINO,
$,23.oS
By:
David W. Knapp, City anager
Attest: ~~"~/ ,
Kimberley Smit 'ty Clerk
"Consultant"
BIGGS CARI)OSA ASSOCIATES, INC.
By:
Its:
Approved as to form and.
~ r-
.' r'f ~ '~/',f ~~/
City Resolution No. 05-109
~YGS ~ de.YW
this Cx-~'oday of ~ S~ , 2005.
All of the terms and conditions of the original AGREEMENT, not modified by this First Amendment, shall remain
in full force and effect.
THIS AGREEMENT SHALL NOT BE VALID OR EFFECTIVE FOR ANY PURPOSE UNLESS AND UNTIL
SIGNED BY THE CITY MANAGER ON BEHALF OF THE CITY COUNCIL.
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APPEND.[X "A"
First Amendment
SCOPE OF SERVICES
MARY AVENUE BIC`Y'CLE CORRIDOR
CITY OF CUPERTIhfO, CALIFORNIA
This is an appendix attached to, and made ~~ part of, the First Amendment to Professional
Services Agreement dated THE CITY OF CUPERTINO ("City") and Biggs
Cardosa Associates, Inc. ("Consultant") for the provision of professional services ("Services")
TABLE OF CONTENTS
A. PROJECT DESCRIPTION ......................................................................................................... 2
B. CONSTRUCTION BUDGET .................................................................................................... 2
C. CRITERIA GOVERNING CONSULTANT' S SERVICE ........................................................ 2
D. ADMINISTRATIVE, COORDINATION, RI~PORTING AND SCHEDULING SERVICES . 3
E. ADA ............................................................................................................................................ 4
F. ENVIRONMENTAL COMPLIANCE ....................................................................................... 4
G. DESIGN STANDARDS ............................................................................................................. 4
H. DETAILED WORK PLAN AND SCOPE Oli SERVICES ....................................................... 5
8.0 TASK 8. CONSTRUCTION PHASE SI:RVICES ............................................................. 5
9.0 TASK 9. CONSTRUCTION MANAGEMENT SERVICES (NA) .................................... 6
10.0 TASK 10. CONSTRUCTION INSPECTION SERVICES (NA) .......................................6
11.0 TASK 11. AERODYNAMIC ASSESSMENT DESIGN ................................................... .6
12.0 TASK 12. WIND TUNNEL TESTING .............................................................................. .6
13.0 TASK 13. BRIDGE RAIL DESIGN AND ENVIRONMENTAL ART ............................ .6
14.0 TASK 14. BRIDGE DESIGN CRITERIA ......................................................................... .6
15.0 TASK 15. RIGHT OF WAY CERTIFICATES ................................................................. .6
16.0 TASK 16. BRIDGE INSPECTION, MAINTENANCE AND OPS MANUAL ............... .6
17.0 TASK 17. PRNACY AND SECURITY FENCE DESIGN .............................................. .7
18.0 TASK 18. PHASE 1 AND 2 CONSTRL~CTION ............................................................... .7
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A. PROJECT DESCRIPTION
The City of Cupertino ("City") has undertaken a project to provide a bicycle and pedestrian
connection between the cities of Cupertino and Su~myvale in a corridor on Mary Avenue
between Homestead Road and Meteor Avenue. Tlie corridor passes over Interstate 280, utilizing
the existing right-of--way designated for Mary Avenue. The project will include a bicycle path
with landscaping and a bridge over Interstate 280.
The City has approved a project Feasibility Study'?inal Report, dated December 3, 2001 and the
Cable Stayed Concept dated February 1, 2005.
The report presented a preferred design for the corridor based upon the input from community
workshops. The corridor featured a suspension bridge over Interstate 280 with a main span of
about 300-feet and a total length of about 460-feet. The approaches to the bridge will utilize the
existing fill slopes placed for a future extension of Mary Avenue over Interstate 280.
This amended scope of services will provide for adjustments in construction phasing, final
design and construction phase services, including engineering support.
The final design phase will consist of incorporation of all City/Caltrans review comments into
the plans, and submittal of the approved PS&E construction documents for advertising.
B. CONSTRUCTION BUDGET
Bid Day Budget:
Phase 1: The preliminary budget for construction costs of work to be designed by the
Consultant is Eight Hundred Eighty Thousand Dollars ($880,000)
Phase 2: The preliminary budget for construction costs of work to be designed by the
Consultant is Four Million Five Hundred Sixty Thousand Dollars ($4,560,000).
City's "Bid Day Budget" referenced means the anticipated value of the construction contract for
the Project when initially let for the base contract work, exclusive of alternates.
C. CRITERIA GOVERNING CONSULTE~NT'S SERVICE
1. Consultant shall not, unless otherwise permitted in writing by City, propose or
recommend any design that has the effect ~~f shifting design responsibilities from
Consultant to a contractor, through performance specifications or any other means.
Performance specifications will be allowed only when necessary to preclude single
vendor sources.
2. Consultant shall not, unless otherwise permitted in writing by City, specify unique,
innovative, proprietary or sole source equipment, systems or materials. Whenever a
proprietary or sole source design or equipment is requested by Consultant, Consultant
shall provide City with a written evaluation of whether all periodic maintenance and
replacement of parts, equipment or systems, can be performed normally and without
excessive cost or time. City will consider such evaluation in making in decision.
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D. ADMINISTRATIVE, COORDINATIOr1, REPORTING AND SCHEDULING
SERVICES
General Description and Requirements.
1.1 Performance of Services will require Consultant to work with, meet with, and
attend meetings with City staff, with other governmental agencies, with
Contractors, and with such other consultants as Consultant determines necessary,
to the extent necessary for the design and construction of the Project and
performance of Consultant's duties under this Agreement (including, but not
limited to, Consultant's express duties of coordination with other consultants).
1.2 Plans, specifications, design calcul~itions, site data, and cost estimates, if any,
regrired to be prepared by Consult~int shall be prepared by licensed personnel or
personnel under the direction of licensed personnel. As required by the California
Code of Regulations, "Responsible Charge" for such Services shall be with a
Registered licensed Engineer in the State of California.
1.3 Consultant shall provide to City professional architectural and engineering
services necessary to perform the Services. Services will include providing
professional architectural and engineering including civil, traffic, electrical,
architectural, structural engineering;, soil's engineering, landscape, and cost
estimating services.
1.4 Consultant shall have adequate per;~onnel, facilities, equipment and supplies to
complete Consultant's Services. Consultant shall provide all materials required to
complete its services at its sole cos r and expense.
1.5 Consultant shall engage all appropriate specialty subconsultants as are necessary
for proper completion of Consultant's Services, at the sole expense of Consultant.
Consultant's contracts with its Subconsultants (and their contracts with their
subconsultants) shall incorporate this Agreement by reference to the extent not
inconsistent with the Subconsultant's scope of work. City shall have the right
(but not the obligation) to approve specialty subconsultants engaged by
Consultant as well as their form of contract, which approval shall not be
unreasonably withheld.
1.6 Consultant shall require each of its subconsultants to execute agreements
containing standard of care and inc:emnity provisions coextensive with those in
this Agreement and which will indemnify and hold City harmless from any
negligent errors or omissions of the; subconsultants.
1.7 To the extent necessary to complete its design services for the Project, Consultant
shall independently review, update and verify all as-built and existing conditions,
and all as-built information suppliE:d by City concerning existing structures,
facilities and utilities as outlined ire the scope of services.
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1.8 Throughout Consultant's performance of the Services, Consultant shall make
written recommendations to City concerning any. additional information necessary
to complete the Services.
1.9 Consultant shall provide City with ~~vritten evaluations of the effect of any and all
governmental and private regulatio~is, licenses, patents, permits, and any other
type of applicable restriction and associated requirements on the Services and its
incorporation into the Project.
1.10 Consultant shall provide City with ;r copy of all written communications and
submittals to third parties regarding; the Project (excluding attorney-client
privileged communications).
2. Coordination of Services With Consultant's subconsultants and With Consultants on
Other Projects.
2.1 Consultant shall mutually coordinate all architectural and engineering disciplines
and subconsultants involved in completing its Services. The objective of this
coordination shall be the development of a comprehensive and workable design for
the Project with consistency in architecture and thematic details with other projects,
and in which the work of Consultant: and other consultants interface well and is
properly coordinated, is architecturally sound and well engineered, with details that
work together with regard to all affected disciplines. City shall have the right, but
not the obligation, to attend and participate in such meetings, and to remain fully
advised and informed of the coordination of design work and the performance of
each subconsultant of their design rf;sponsibilities.
2.1.1 Consultant shall require its subconsultants to agree in their subcontracts to
coordinate with Consultant and other subconsultants.
2.1.2 Consultant shall conduct at least monthly design coordination meetings
with all subconsultants employed by Consultant.
E. ADA
Consultant's scope of Services on the Project shall include ADA compliance.
F. ENVIRONMENTAL COMPLIANCE.
Consultant shall coordinate, schedule and take all actions necessary to perform the Services in a
manner that complies with all requirements of the (;alifornia Environmental Quality Act, Public
Resources Code Section 21000 et seq. ("CEQA") and any other statutory or regulatory
requirements as to environmental issues or compliance applicable to City on the Projects.
Consultant shall not be responsible to prepare CEQA compliance documents, but shall prepare its
designs in conformance with CEQA compliance documents and required timeframes.
G. DESIGN STANDARDS
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Roadway tie-ins, bicycle path and bridge design shall conform to the applicable provisions and
guidelines of the current editions of the following:
• AASHTO Policy on the Geometric De;~ign of Roads
• AASHTO Guide for the Development ~~f Bicycle Facilities
• AASHTO LRFD Bridge Design Specifications
• Caltrans Bridge Design Specifications
• Caltrans Bridge Memos to Designers
• Caltrans Bridge Design Aids Manual
• Caltrans Bridge Design Details Manual
• Caltrans Drafting and Plans Manual
• Caltrans Highway Design Manual
• Accessibility standards adopted under the American's with Disabilities Act (ADA)
All plans, specifications, estimates, and reports shall be prepared in Metric units.
H. DETAILED WORK PLAN AND SCOPE OF SERVICES
The Scope of Services identifies additional tasks, numbered 8 through 18, which are summarized
below. Tasks 9 and 10 are not applicable under tY~is First Amendment.
Submittals shall be made in the number. and type :specified in the current edition of the
CALTRANS publication entitled Guide for the Submittal of Plans Specifications, and Estimates,
and where applicable, EFPB Information and Procedures Guide of the Division of Structures,
unless noted otherwise.
8.0 TASK 8. CONSTRUCTION PHASI; SERVICES
CONSULTANT shall provide engineering; services, including Project Management as
defined in Task 1, to support Phase 1 and :? of construction of the Project as described in
this First Amendment and the Basic Agree;ment. Construction administration is the
responsibility of the City or their assignee, Services to be provided include:
8.1 Clarification of existing design.
8.2 Providing responses to Requests R~r Information about the plans and
specifications.
8.3 Review of shop drawings and other contractor technical submittals for
conformance with the plans and specifications, and recommendation for acceptance,
rejection or re-submittal.
8.4 Review Requests for Substitution ,end make recommendations for acceptance or
rejection.
8.5 Providing data additional to the submittals required in the Scope of Services for
the Final PS&E.
8.6 Attend field meeting as needed at critical times during construction.
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8.7 Make bi-monthly field visits during; construction to observe progress and verify
general conformance of construction to intent of plans and specifications.
8.8 Preparing record drawings based on Contractor redlined plans.
8.9 Provide soil compaction testing anct one survey certification verification in Phase
1.
9.0 TASK 9. CONSTRUCTION MANAGEMENT SERVICES (NA)
10.0 TASK 10. CONSTRUCTION INSPECTION SERVICES (NA)
11.0 TASK 11. AERODYNAMIC ASSESSMENT DESIGN
11.1 Consultant will provide fora "desk top" analysis of the aerodynamic aspects of
the bridge and use the data generated there from to make additional design decisions.
12.0 TASK 12. WIND TUNNEL TESTING
Consultant will retain a testing agency to I~repare a desktop model and to perform a wind
tunnel testing of the finalized bridge model to investigate the performance of the bridge
due to extreme wind loads and vibration d~.te to pedestrian loading. Inclusion of Mass
Tuned Dampers will be determined after the results of testing is reviewed, but are not
anticipated to be required.
13.0 TASK 13. BRIDGE RAIL DESIGN ?,ND ENVIRONMENTAL ART
13.1 Design and coordinate with City's architectural enhancement consultant (Thomas
R. Aidala, FAIA) in the investigation and final design of the bridge rail system, materials,
and artwork.
14.0 TASK 14. BRIDGE DESIGN CRITERIA
14.1 Develop Bridge Design Criteria to meet the requirements of Cal Trans.
15.0 TASK 15. RIGHT OF WAY CERTIFICATES
15.1 Consultant will provide the City with Right of Way certificates for those portions
of the site that will become a part of the Cal Trans Right of Way as a result of the
position of the towers and the relocation of the sound walls.
16.0 TASK 16. BRIDGE INSPECTION, MAINTENANCE AND OPS MANUAL
16.1 Provide a complete and comprehensive manual using Cal Trans standards which
provides detailed instructions on inspections, maintenance and operations of the various
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components of the bridge. Manual will include things that should not be done in
particular cases where the use of products or procedures might have a detrimental effect
on the life or the appearance of the materials or finishes of the bridge.
17.0 TASK 17. PRNACY AND SECURITY FENCE DESIGN
17.1 Provide the design services necessary to construct an eight foot high wooden
residential security fence and a seven foot ]sigh wooden privacy fence.
18.0 TASK 18. PHASE 1 AND 2 CONSTRUCTION
18.1 Reconfigure the project into two phases and include dual measurements on the
Construction Documents of Phase :..
END OF APPENDIX "A"
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APPEN~~IX "B"
First Amf~ndment
COMPENSATION
MARY AVENUE BICYCLE CORRIDOR
CITY OF CUPERTIVO, CALIFORNIA
This is an appendix attached to, and made ~t part of, the First Amendment to Professional
Services Agreement dated THE CITY OF CUPERTINO ("City") and Biggs
Cardosa Associates, Inc. ("Consultant") for the provision of professional services ("Services").
Basic Agreement Tasks
TASK 1. Phase 1 & 2 Project Management $200,015
TASK 2. Planning and Preliminary Investigations,
Environmental Studies, Environmental Document;
Project Study Report and Project Report $326,950
TASK 3. Preliminary Engineering and Preliminary design (35%)
for General Plan Submittals and Bridge Type Selection Meeting $197,020
TASK 4. Final Design -Unchecked (65%) $212,580
TASK 5. Final PS&Q -Checked (95%) with Co:;t Estimate $162,620
TASK 6. Final PS&E (100%) with Cost Estimate: $93,790
TASK 7. Construction Bidding Services $9,933
Reimbursable Expenses $22,092
Basic Agreement Subtotal $1,225,000
The fees per task are provided as an estimate of the work necessary to complete each task.
Consultant does not have to submit invoices by ta:;k nor will tasks costs be tracked individually.
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First Amendment Tasks
TASK 8. Construction Phase Services & Soil Compaction Testing $260,000
TASK 9. Construction Management Services (N,~) $0
TASK 10. Bridge Construction Inspection Services (NA) $0
TASK 11. Aerodynamic Assessment Design $30,000
TASK 12. Wind Tunnel Testing $86,000
TASK 13. Bridge Rail Design & Coordination $165,000
TASK 14. Bridge Design Criteria $40,000
TASK 15. Right of Way Certificates $6,000
TASK 16. Bridge Inspection, Maintenance, & Opf;rations Manual $135,000
TASK 17. Privacy and Security Fence Design $8,500
TASK 18. Reconfi ur~ject into Phase 1 and 2 $22,000
First Amendment Subtotal $752,500
Basic Agreement $1,225,000
First Amendment $752,500
Total Fees $1,977,500
The fees per task are provided as an estimate of thf; work necessary to complete each task.
Consultant does not have to submit invoices by task nor will tasks costs be tracked individually.
Consultant will use Reimbursable Expense fees, authorized in the Basic Agreement, for First
Amendment Tasks until fees are exhausted.
City will authorize additional work in writing and as necessary, within the authority of the Director
of Public Works, by Additional Service Directives, not to exceed a cumulative total of $75,000.
Tasks that are not yet a part of the Basic Agreement or the First Amendment are identified by
(N/A).
END OF APPENDIX "B"
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