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12-128 First Amendment Harris & Associates Agreement for professional services for on call estimating services l-V&A 12-I-blot FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND HARRIS &ASSOCIATES FOR OF IONAL SERVICES FOR ON CALL ESTIMATING SERVICES V—p-" This First Amendment to the Consultant Services Agreement between the City of Cupertino and Harris & Associates , for reference dated November 8th, 2012 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and HARRIS & ASSOCIATES a California corporation, whose address is 1401 Willow Pass Road, Suite 500, Concord, CA 94520-7964, phone: 925-827-4900, (hereinafter " CONSULTANT"), and is made with reference to the following: RECITALS: A. On April 4th, 2012, an agreement was entered into by and between CITY and Harris & Associates (hereinafter"Agreement"). B. CITY and CONSULTANT desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Section 4 Compensation is modified to read as follows: The compensation to be paid to CONSULTANT for professional Services and reimbursable expenses shall be based on Time and Material not to exceed Ten Thousand Dollars and Zero Cents ($ 10,000.00) for Basic Services and Reimbursable Expenses for on call services for estimating. The rate of payment is set out in Exhibit B, titled "Range of Hourly Rate - North Region Employee", which is attached hereto and incorporated herein. Additionally the CONSULTANT shall be compensated for Consultant Services and reimbursable expenses to estimate the Mary Avenue Dog Park and the McClellan Ranch Tank House Repair project costs at a lump sum not to exceed Eight Thousand Dollars ($ 8,000.00) for Basic Services inclusive of Reimbursable Expenses as shown on Exhibit A. For a total not to exceed contract amount of Eighteen Thousands Dollars ($ 18,000.00) 2.Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 First Amendment to Harris&Associates Agreement IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. HARRIS &ASSOCIATES CITY OF CUPERTINO A Municipal Corporation By j�ff�1�_ BY Director of Public Works,Timm Borden Title V.p, Date t �2-- RECOMMENDED R APPROVAL: By P.W. Project Mana er, Ca en Lyanugh APP •V \A TO FORM: . • By W City ,rney, Carol Korade ATTEST: By Gat(' ! City Clerk, Grace Schmidt CONTRACT AMOUNT: $ ACCOUNT No.: 110-8101-7014 - $10,000.00 z. 16,1...-Gt.,.?01/ 580-9137-9300- $4,400.00 Maly Avenue Dog Park 420-9252-9300 - $3,600.00McClellan Ranch Tank House Repair Total $ 9,t,tihef/Z Page 2 of 2 First Amendment to Harris&Associates Agreement i 611111 Harris 8: Associates,. EXHIBIT A Shaping the Fudne,One Pmfect ala Time,. November 12,2012 Carmen Lynaugh,Project Manager City of Cupertino via email:CarmenL@cupertino.org 10300 Torre Avenue Cupertino,CA 95014 Subject: Fee Letter to Prepare Cost Estimates for Two Capital Projects Dear Carmen: Harris&Associates will prepare cost estimates for the following two projects: 1. McClellan Park Water Tower Historic Rehab 2. Mary Avenue Dog Park Our SCOPE OF WORK for both projects will be: I. Hold Kick-off Meeting with City Staff— This entails discussing project details, efforts to date, expected schedule and transfer of documents. Will also visit the site to observe existing conditions,take notes and photos. 2. Review background materials — Review provided plans, technical specifications, specialty test reports and other information. 3. Prepare "total project cost estimate" - includes performing take-offs from provided plans, preparing a detailed list of cost items, city-requested additive alternates and determining appropriate unit prices. 4. Prepare summary memo and transmit cost estimate to City staff for review. 5. Revise and generate final memo and cost estimata:based on city review comments. For the Mary Avenue Dog Park Project there is an additional scope item: • Prepare legal description and site map for CEQA Clearance staff report to City Council. City to provide all related plans,specifications,material"cut sheets"and other background documents including Title Report and record maps for the legal description and site map for Mary Avenue Dog Park. SCHEDULE 1. Begin our efforts within two days of receiving direction from the city to proceed. 2. Submit draft cost estimate within two week of"notice to proceed" 3. Allow city up to two weeks to provide comments 4. Submit final cost estimate within five working days of receiving city comments FEE—This scope of work will be performed on a"lump sum"basis for a fee of$8,000.00 Please contact Patrick with any questions on this scope,schedule and fee. Thank you. Regards, HARRIS&ASSOCIATES,Inc. HARRIS&ASSOCIATES,Inc. - frt Q)(-- D'CDa)" L Bob Gule PE Patrick Dobbins,PE Manager, gineering Services Senior Project Manager 178 Second Street,Gilroy,CA 95020 408.842.5777 hams-assoc.com