12-144 First Amendment Harris & Associates Agreement for engineering staff augmentation services N&A 111 —o4-(1)(0
FIRST AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO
D HARRIS &ASSOCIATES FOR ENGINEERING STAFF
y I AUGMENTATION SERVICES
This First Amendment to the Agreement between the City of Cupertino and
Harris & Associates, for reference dated November 27th, 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, (hereinafter "CONTRACTOR"), and is made with reference
to the following:
RECITALS:
A. On September 12th, 2011, an agreement was entered into by and between
City and Harris &Associates (hereinafter"Agreement").
B. City and Harris&Associates 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:
TERM section of the Agreement is modified to read as follows:
The services and/or materials furnished under this Agreement shall commence
on September 12, 2011, and shall be completed before January 31, 2013, or as extended
by agreement.
COMPENSATION section of the Agreement is modified to read as follows:
For the full performance of this Agreement, CITY shall pay CONTRACTOR: An
amount not to exceed$155,000.00, unless amended by written change order.
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
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Harris&Associates CITY OF CUPERTINO
/`. A Municipal Corporation
By €klL *161. \ By
�
Director of Public Works, Timm Borden
t' rr
Title -i- G we .. z t VP
Date "/3C It Z--
APPROVED AS TO FORM:
By
City torney, Carol Korade
ATTEST:
ByGeYt( 1./I4.tL
City Clerk, Grace Schmidt
Page 2 of 2
First Amendment
AGREEMENT ECOPY
CITY OF CUPERTINO
�/' 10300 Torre Avenue
°rs 1 Cupertino, CA 95014
CUPERTINO 408 777 3354 NO. D �
H&A# 111-0466
BY THIS AGREEMENT, made and entered into this 9th day of September, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Harris & Associates
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Engineering staff
augmentation services and support as outlined in the attached proposal.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal d`ed September 9th,
2011.
TERMS: The services and/or materials furnished under this Agreement shall commence on September 12, 2011, and
shall be completed before July 1, 2012, or as extended by agreement.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: An amount not to
exceed $120,000.00, unless amended by written change order.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public
Works contract in excess of$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability to the extent caused by Contractor's negligent acts, errors or omissions, including all costs
of defending any claim, caused by and arising out of the negligent performance of this Agreement. City shall not be
liable for acts of Contractor in performing services described herein.
Insurance: Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination: No discrimination shall be made in the employment of persons under this Agreement because
of the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor: It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be
deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City.
Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be: ENTERED
NAME: Glenn Goepfert, Assistant Director DEDARTMENT: Public Works Department
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR: CITY OF ERTINO:
By 6041 9' _
•
Title: Bob Guletz, Vice President, Harris &Ass. _tes Title Assistant Director of Public Works
Tax ID# 2385238 s 9Afif pinc14-C
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APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE _ACCOUNT UMBER AMOUNT
-sue 0 110�60'� n O I $120,000. °
/�- (� '-f 1 "/ l l
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inn L DATES— II
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Engineering Staff Services
ADDITIONAL ENCUMBERANCE NO. 1
November 27,2012
Contractor: &A>17
Harris & Associates 1401 Willow Pass Road, Suite 500
Concord, CA 94520
The following change is hereby approved and request for additional encumbrance:
1A. Amendment to Current Agreement to extend term $35,000.00
and contract amount
Total Additional Encumbrance No. 1 $35,000.00
Total Project Encumbrance:
Original Contract $120,000.00
Additional Encumbrance No. 1 $35,000.00
Revised Contract $155,000.00
ORIGINAL P.O. NUMBER: 00057455
ACCOUNT NUMBER: 110-8601-7014
APPROVED BY:
mm Borden, P.E.
Director of Public Works
Date 12— /D- / Z-