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13-199 Cumming, Master Agreement for Cost Esimating ServicesCITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Service Order No.: 10 Maximum Compensation: $ 9,500.00 Account No.: 100-82-806-700-702 Term: NTP: January 18, 2016 END DATE: March 31, 2016 Approval by: City Manager D City Council D Director cg] Item Number: Consultant: Firm Name: Cumming Date: Date: Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Cost Estimating for CIP Projects D Description: (simple project description if appropriate) cg] Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Project Manager: City of Cupertino Cumming Public W arks Alex Acenas Service Order # 10 Page 1of3 FISCAL/BUDGET CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Master Agreement Maximum Compensation: Amount: $140,000 Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CIP, SO#: lActual: CLOSED $ 6,825 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2: CLOSED $ 2,800 ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 CLOSED $ 9,800 ENCUMBER: Account No. 420-9270-9300, Solar Install, SO#: 4 CLOSED $ 3,500 ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO#: 5 CLOSED $ 7,175 ENCUMBER: Account No. 215-9620-9300, Monta Vista SD, SO#: 6 CLOSED $ 3,000 ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO#: 7 CLOSED $ 8,400 ENCU:tvIBER: Account No. 420-99-020-900-905, Simms House Removal, SO #8 CLOSED ENCUMBER: Account No. 100-82-806-700-702, Quarterly Market Reports, SO #9 CLOSED Total Encumbered to Date: Current unencumbered amount in Master Agreement: ENCUMBER: Acc. No. 100-82-806-700-702, CIP Estimates, SO #10 Contract Manager: APPROVALS Total Encumbered to date including this S.O.: Master Agreement Balance: /~ l1A('' n /J -· V'l/···1-~~ Date: Director of Public Works: f!tv 4 }e,,, ..,,,,-- , () Date: I b-1 /7of/p I I $ 2,960 $16,700 $ 61,160 $ 78,840 $9,500~/& $ 88,340 $ 51,660 City of Cupertino Cumming Service Order # 10 Page 2 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: __ __,~,,__· ___ ·_,"f-~---------Date: v l f v::r/ \ L Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: 100-82-806-700-702 (Old Acc.# 110-8103-7014) Service Order Encumbrance Amount: $ 9,500 City of Cupertino Cumming Service Order # 10 Page 3 of 3 INTRODUCTION CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER# 10 Cost Estimating Consultant Services Service Order #10 under a Master Agreement for Cost Estimating Consultant Services dated November 19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A" to Service Order (SO) No. 10, defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating for CIP Projects. ITEMA: ITEMB ITEMC: ITEMD ITEME: ITEM A: DESCRIPTION OF PROJECT SCOPE OF BASIC SERVICES AND RESPONSIBILITIES DELIVERABLES SCHEDULE OF PERFORMANCE COMPENSATION PROJECT DESCRIPTION A-1 DESCRIPTION Prepare accurate and realistic construction costs estimates, including direct and indirect construction costs for the City to use in our Capital Improvement Program (CIP) budgeting process. The CIP list contains approximately 14 separate projects, which includes re-estimating of a few projects from last CIP. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Cumming Nick Mata 475 Sansome Street, Suite 520 San Francisco, CA 94111 415-748-3080 nmata@ccor12usa.com City of Cupertino Cumming CITY: Department of Public Works, Alex Acenas, Public Works Project Manager 10300 Torre Ave. Cupertino, CA 95014 408-777-3232 alexa@cu12ertino.org Service Order #10 -Attachment A Page 1of3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER# 10 ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSUL TANT shall perform the following specific services: TASK 1.0 Statement of Probable Cost Produce a single Statement of Probable Cost (SOPC) at the master plan level of design. Included in this task is the following scope: 1. scope review phone conference including (1) hour document download and preparation. 2. template preparation, report compilation, and quality control I peer review. 3. architectural, structural, and site quantification and pricing. 4. (1) site visit. 5. mechanical I electrical I plumbing support as required. 6. follow-up phone conference with City of Cupertino staff, and (4) hours for report revisions based on City of Cupertino staff feedback. 7. Excludes additional revisions and site visits and reconciliation of the SOPC with third party estimator, if needed may be authorized by City using Additional Services. ITEM C DELIVERABLES The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 1.0 Statement of Probable Cost (SOPC) for each of the CIP projects for the requested Fiscal Years. ITEM D SCHEDULE OF PERFORMANCE Provide Draft SOPC by February 5, 2016 All work under this Service Order shall be completed by March 31, 2016 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Deliver Draft of SOPC within 2 week of the NTP and final SOPC within 1 week from City comments City of Cupertino Cununing Service Order #10 -Attachment A Page 2 of 3 ITEME COMPENSATION A. Base Compensation CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER# 10 The maximum compensation for this Service Order, including both payment for professional services, additional services and reimbursable expenses, shall not exceed NINE THOUSAND FIVE HUNDRED DOLLARS($ 9,500). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for the amount of EIGHT THOUSAND FIVE HUNDRED DOLLARS ($ 8,500). The maximum amount of Additional Services are authorized under Service Order of this Attachment A is ONE THOUSAND DOLLARS($ 1,000). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement. C. Additional Services. CONSULT ANT 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 forthin Exhibit C of the Master Agreement, 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. City of Cupertino Cumming END OF ATTACHMENT Service Order #10 -Attachment A Page 3 of 3 SECOND AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUMMING FOR COST ESTIMATING CONSULTANT SERVICES This Second Amendment to the Agreement between the City of Cupertino and CUMMING, for reference dated October 15, 2015, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and CUMMING (a California Corporation) whose address is 475 Sansome Street, Suite 520, San Francisco, CA94111; telephone no. (415) 748-3093 (hereinafter "CONSULTANT"), and is made with reference to the following: RECITALS: A. On November 19, 2013, an agreement was entered into by and between CITY and CUMMING (hereinafter "Agreement"). B. On November 20, 2014, the CITY and CONSULTANT entered into a First Amendment to this Agreement (hereafter, the Agreement and the First Amendment are collectively referred to as the" Agreement") C. 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. TERM: The term of this Agreement shall commence on the date the agreement is executed and shall terminate on June 30, 2016 unless terminated earlier as set forth herein. 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 1of2 Second Amendment Master Agreement for Cost Estimating Consultant Services -Cumming IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT CUMMING 4 l~ , ;/ By . ,../c/ ~..___> ;( Title A 'Y::>De-~""-~e-01reJ:;; Date (2/67 /zo;tO' 475 Sansome St., Suite 520 San Francisco, CA 94111 Phone no. 415-748-3093 Second Amendment CITY OF CUPERTINO A Municipal Corporation By ~dL r Director o "clJli{;works, Timm Borden AJ'Po~ED AS TO FORM: _ a wt; APJMMd&-w~ty Attorney,~ ATTEST: Byfif:£U Citycerk/ Grace Schmidt / 2-J._2-~(.) Account Nos.: BY SERVICE ORDERS Total Contract Amount: $140,000 (Amendment No. 2 Amount: $ 0) Page 2 of 2 Master Agreement for Cost Estimating Consultant Services -Cumming CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $16,700 Term: NTP: October 15, 2015 Approval by: City Manager City Council Service Order No.: 9 Account No.: 100-82-806-700-702 END DATE May 30, 2016 D D Director [:g:j Item Number: Consultant: Finn Name: Cumming Date: Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Prepare Quarterly Construction Market Reports for Northern CA Bay Area D Description: (simple project description if appropriate) [:g:j Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works City of Cupertino Cumming Project Manager: Katy Jensen Service Order# 9 Page 1 of3 FISCAL/BUDGET CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Master Agreement Maximum Compensation: Amount: $140,000 Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CIP, SO#: lActual: CLOSED $ 6,825 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO#: 2: CLOSED $ 2,800 ENCUMBER: Account No. 420-9271-9300, Library Expan., SO#: 3 CLOSED $ 9,800 ENCUMBER: Account No. 420-9270-9300, Solar Install, SO#: 4 CLOSED $ 3,500 ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO#: 5 CLOSED $ 7,175 ENCUMBER: Account No. 215-9620-9300, Manta Vista SD, SO #: 6 CLOSED $ 3,000 ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO#: 7 CLOSED $ 8,400 ENCUMBER: Account No. 420-99-020-900-905, Simms House Removal, S.O. #8 $ 2,960 Total Encumbered to Date: Current unencumbered amount in Master Agreement: ENCUMBER: Acc. No. 100-82-806-700-702, Qrtly. Market Rpts., S.O. #9 Total Encumbered to date including this S.O.: Master Agreement Balance: $ 44,460 $ 98,500 $16,700 ~ $ 61,160 $ 78,840 Contract Manager: fA-&Jev= Date: lo' Z}-·~JS APPROVALS ,4 ;1 I~ Consultant: ~/(~/~_.JU;/~/~~--Date: Director of Public Works~ City of Cupertino Cumming Date:/( /"'S. /ts , Service Order # 9 Page 2 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: -+<~>--~~=1\--+-. -+--------------Date: Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: Service Order Encumbrance Amount: City of Cupertino Cumming 100-82-806-700-702 $16,700 Service Order # 9 Page 3 of 3 INTRODUCTION CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 9 Cost Estimating Consultant Services Service Order #9 under a Master Agreement for Cost Estimating Consultant Services dated November 19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A", to Service Order No. 9 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating for the Simms House Removal Project. ITEMA: ITEMB ITEMC: ITEMD ITEME: ITEM A: DESCRIPTION OF PROJECT SCOPE OF BASIC SERVICES AND RESPONSIBILITIES DELIVERABLES SCHEDULE OF PERFORMANCE COMPENSATION PROJECT DESCRIPTION A-1 DESCRIPTION Prepare quarterly Construction Market Reports for the Northern California Bay Area to capture dynamics impacting the City of Cupertino's building program through June 30th2015. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Cumming Nick Mata 475 Sansome Street, Suite 520 San Francisco, CA 94111 415-7 48-3080 nmata@ccorpusa.com City of Cupertino Cumming CITY: The Department of Public Works, Katy Jensen, Capital Improvement Program Manager 10300 Torre Ave. Cupertino, CA 95014 408-777-3232 katyj@cu12ertino.org Service Order #9-Attachment A Page 1of3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER# 9 ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Local Project Volume and Labor Trends -Cumming will track and report the following data impacting the Cupertino market on a regional basis: a) Quarterly volume trends -forecasted through 2018 b) Monthly unemployment rate c) Monthly construction labor volume trend d) Key projects planned or in progress e) Key labor trade shortages TASK 2.0 Key Material Trends -Cumming will track monthly price variations on 20 key construction materials as well as track quarterly forecasts on key commodities impacting construction projects. TASK 3.0 National and International Factors -Cumming will identify key national and international factors that may impact construction costs locally, including: a) Energy costs b) Lending activity and rates c) International material demand d) AJA Architectural Billing Index (ABI) trends TASK 4.0 Summarize Key Findings -Cumming will summarize findings from key data to forecast trends and escalation for the Cupertino market. TASK 5.0 Additional Miscellaneous Hourly Consultation as needed -billed at the hourly rate in master agreement and authorized in writing. ITEM C DELIVERABLES The CONSULTANT shall deliver the following Items to the CITY under this SO: Initial Report (submitted November 151h, 2015) Next Two Reports (submitted Feb. 15111 and Mat 15111, 2016) ITEM D SCHEDULE OF PERFORMANCE See Deliverables section City of Cupertino Cumming Service Order #9-Attachment A Page 2 of 3 ITEME COMPENSATION A. Base Compensation CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 9 The maximum compensation for this Service Order shall not exceed SIXTEEN THOUSAND SEVEN HUNDRED DOLLARS($ 16,700). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. Initial Report ................................ $6,500 Next Two Reports .......................... $9,200 ($4,600 per report) Additional Misc. Hourly Consultation ......... $ 1,000 (must be authorized in writing per C. Additional Services) B. Reimbursable Expenses None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement. C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. City of Cupertino Cumming END OF ATIACHMENT Service Order #9-Attachment A Page 3 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Service Order No.: 8 Maximum Compensation: $ 2,960.00 Account No.: 420-99-020-900-905-MRW 001-02-03 Term: NTP: September 21, 2015 END DATE October 9, 2015 Approval by: City Manager City Council D D Director rgj Item Number: Date: Consultant: Firm Name: Cumming Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Cost Estimatin~ for the Simms House Remoyal Project D Description: (simple project description if appropriate) rgj Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works City of Cupertino Cumming Project Manager: Alex Acenas Service Order # 8 Page 1of3 FISCAL/BUDGET CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Master Agreement Maximum Compensation: Amount: $140,000 Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CIP, SO#: lActual: CLOSED ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2: CLOSED ENCUMBER: Account No. 420-9271-9300, Library Expan., SO#: 3 CLOSED ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 CLOSED ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO#: 5 CLOSED ENCUMBER: Account No. 215-9620-9300, Mon ta Vista SD, SO #: 6 CLOSED ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO#: 7 CLOSED Total Encumbered to Date: Current unencumbered amount in Master Agreement: ENCUMBER: Account No. 420-99-020-900-905, Simms House Removal, S.O. #8 Total Encumbered to date: Master Agreement Balance: Director of Public Works: -----1~U'il£LM.:..../--JL~-....... ~-~~-Date: le>·/· IS-70 $ 6,825 $ 2,800 $ 9,800 $ 3,500 $ 7,175 $ 3,000 $ 8,400 $ 41,500 $ 98,500 $ 2,960 $ 44,460 $ 95,540 City of Cupertino Cumming Service Order # 8 Page 2 of 3 ffjV CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: ----;k2,.-'.._-=_../\--_--i_~_~\ _________ Date: 16( ,,g-(( S:'- ~ Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: Service Order Encumbrance Amount: City of Cupertino Cumming 420-99-020-900-905 $ 2,960 Service Order # 8 Page 3 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENAAT PO#: 00058296 Service Order No.: 7 Maximum Compensation: $ 8,400.00 Account No.: 100-82-806-700-702 Term: NTP: January 26, 2015 END DATE: April 30, 2015 Approval by: City Manager Director ® Date: Feb. 24, 2014 City Council ber: Date: Consultant: Firm Name: Cummin Address: 475 Sansome Stre4,u7itne520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Cost Estimating for CIP Projects Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh City of Cupertino Cumming Service Order # 7 Page 1 of 3 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $140,000 40,000 Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CII', SO #: 1Actual:CLOSED $6,825 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2:CLOSED 2,800 ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3CLOSED 9,800 ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 CLOSED 3,500 ENCUMBER: Account No. 580-9255-9300 Quinlan Upgrades, SO #: 5CLOSED 7,175 ENCUMBER: Account No. 215-9620-9300, Monta Vista SD, SO #: 6 CLOSED 3,000 Total Encumbered to Date $ 33,100 q v Current unencumbered amount in Master Agreement: $ 106,900 7-0 ENCUMBER: Account No. 100-82-806-700-702, CIP Estimates, SO #: 7 8,400 Total Encumbered to date: $41,500, -- Master 41,500 Master Agreement Balance: $ 98,500 Contract APPROVALS Consultant: Date: Director of Public Works: Date: City of Cupertino Service Order # 7 Cumming Page 2 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER #7 Cost Estimating Consultant. Services INTRODUCTION Service Order#7 under a Master Agreement for Cost Estimating Consultant Services dated November 19, 2013, between _the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A", to Service Order No. 7 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating :for CIP Projects. ITEM A; DESCRIPTION OF PROJECT ITEMB. SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D SCHEDULE OF PERFORMANCE - ITEM. E:: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1.: .. DESCRIPTION Prepare _accurate and realistic :construction costs: estimates, including :direct and indirect construction, costs_ for the City to use in our Capital Improvement Program (CIP) budgeting process. The CIP list contains approximately 13 separate projects, which includes re -estimating of a few: projects from last CIP. A-2 PROJECT COORDINATION The following individuals are the primarycontacts for all questions and actions regarding the. administration of this. Service Order: CONSULTANT: Cumming' CITY: The Department of Public Works, Nick Mata Carmen Lynaugh, Public Works Project Manager 475 Sansome Street, Suite 520 San Francisco, :CA 94111 10300 Torre: Ave. Cupertino, CA 95014 . 4157.748-3080 408-777-3215 nmata@ccorpusa.com carmenl@cupertino.org City of Cupertino Service Order #7 -Attachment A Cumming Page 1 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER #.7 ITEM B: SCOPE OF BASIC. SERVICES AND RESPONSIBILITIES The. CONSULTANT- shall perform. the following specific services: TASK 1.0 Statement of.Probable Cost Produce a single Statement of Probable Cost (SOPC) at the master plan level of design. Included in this task is the following scope: 1. scope review meeting including (1) liour document download and preparation. 2. template preparation; report compilation, and quality control / peer review. 3. architectural, structural, and site quantification and pricing: 4. site visit, if required. 5. mechanical/ electrical / plumbing support as required: . 6. follow -Up meeting with City of Cupertino staff, and (4) hours for report revisions based on City of Cupertino staff feedback. 7. Excludes additional revisions: and site visits and reconciliation of the: SOPC with third:arptv estimator, if needed may be authorized byCity using Additional Services. . ITEM C ..DELIVERABLES. The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 1.0 Statement"of :Probable Cost (SOPC) for each of the CIP projects for the requested Fiscal Years. ITEM D SCHEDULE. OF PERFORMANCE Provide Draft SOPC by February 18, 2015 All work under this Service Order shall be completed by.March 31, 2015 DELIVERY. SCHEDULE The. task deliverables in Item C shall be .received by the CITY asindicated below: TASK 1.0 Deliver Draft :of SOPC within 2 week of the NTP and final SOPC within 1 week City of Cupertino Service Order 97 -Attachment A Cumming Page 2 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER #.7 from City: comments ITEM E COMPENSATION A. Base Compensation The maximum compensation for this Service Order,including both payment for professional services, additional services and reimbursable expenses; shall not exceed EIGHT THOUSAND FOUR HUNDRED DOLLARS.($:8;400). CONSULTANT.agrees that itshall perform all of the services set: forth in this Attachment A of thisService Order, except for any additionalservices required; and inclusive of reimbursable expenses, for the amount of SEVEN THOUSAND FOUR HUNDRED DOLLARS ($ 7,400).. The :maximum amount of: Additional Services are authorized .under Service Order of this Attachment A is ONE THOUSAND DOLLARS ($1,000). Any hours worked for which payment would result in:a total exceeding the maximum -amount of compensation set forth herein shall be at no cost :to CITY. B. Reimbursable Expenses None for required tasks. May apply to additionalservices as spelled out in Exhibit C. of the Master Agreement. C. 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 forthin Exhibit C of the Master Agreement, 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. END OF ATTACHMENT City of Cupertino Service Order #7 -Attachment A Cumming Page 3 of 3 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO December 19, 2014 Cumming 475 Sansome Street Suite 520 San Francisco, CA 94111 Re: 1st Amendment to agreement for consultant services. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at 408) 777-3354. Sincerely, ^ Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works FIRST AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CUMMING FOR COST ESTIMATING CONSULTANT eDSERVICES a 1,.2 9 This First Amendment to the Agreement between the City of Cupertino and CUMMING, for reference dated November 20, 2014, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and CUMMING (a California Corporation) whose address is 475 Sansome Street, Suite 520, San Francisco, CA94111; telephone no. (415) 748-3093 (hereinafter "CONSULTANT"), and is made with reference to the following: RECITALS: A. On November 19, 2013, an agreement was entered into by and between CITY and CUMMING (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. TERM: The term of this Agreement shall commence on the date the agreement is executed and shall terminate on March 31, 2016 unless terminated earlier as set forth herein. 2. COMPENSATION TO CONSULTANT: The maximum compensation to be paid to Consultant under this agreement shall not exceed One Hundred and Forty Thousand Dollars ($ 140,000). 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. 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 Master Agreement for Cost Estimating Consultant Services - Cumming IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT CITY OF CUPERTINO CUMMING A Municipal Corporation ZBy 4By Director of Public Works, Timm Borden Title Se -;,,r Date (2/ Ll-okt 475 Sansome St., Suite 520 San Francisco, CA 94111 Phone no. 415-748-3093 APP V AS TO FORM: By City Attorney, Carol Korade ATTEST: r By City Clerk, Grace Schmidt Account Nos.: BY SERVICE ORDERS Total Contract Amount: $ 140,000 Amendment No.1 Amount: $ 100,000) Page 2 of 2 First Amendment Master Agreement for Cost Estimating Consultant Services - Cumming EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide certain Estimating services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and gWy (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1- GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public Works Director or authorized Agent. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Cost Estimating Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the CITY's designated Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Cost Estimating services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. Consultant services under this Master Agreement may include, but are not limited to: City of Cupertnio Exhibit A -Scope of Services Cost Estimating Services — Cumming Page 1 of 2 EXHIBIT A SCOPE OF SERVICES A. Services 1) Provide services with varying degrees of information provided by the City a) Including the following types of estimates and services: a. Budgetary Cost Estimating b. Specific Project Cost Estimating c. 3,d Party Peer Review d. Value Engineering e. Continuous Cost Management f. Target Value Design Assistance g. Change Order Analysis h. Cash Flow and Forecast during construction i. Construction Cost Audits j. Project Soft Cost Analysis and Planning END OF EXHIBIT City of Cupertino Exhibit A -Scope of Services Cost Estimating Services — Cumming Page 2 of 2 EXHIBIT B SERVICE ORDER PROCESS The CONSULTANT shall provide services ander this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY'S Director of Public Works or authorized Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed Service Order., SECTION 1- SERVICE ORDER INITIATION A. The City Public Works Director or his designee shall provide written request for Consultant services as defined in this agreement. The Consultant and City shall meet to discuss the services after which the consultant shall provide a written proposal including specific scope of services, perfonnance schedule, and compensation to the City. B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order. C. The City shall prepare a Project Service Order consistent with the City's standard form, Service Order, and Attachment A. The Service Order shall, at a minimum, include (1) specific scope of services, deliverables, schedule of performance, and compensation. SECTION 2- SERVICE ORDER EXECUTION D. Both parties shall execute the Service Order as evidenced by the signatures of the authorized representatives defined in Article 11 of the Master Agreement, Project Coordination, and the date signed. E. The Consultant shall begin work on the scope of services only after receipt of a fully executed authorized Service Order defining those services. Consultant understands and agrees that work performed before the date of the authorized Service Order or outside the scope of services once a Service Order is signed and authorized shall be at no cost to the City. F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement. END OF EXHIBIT City of Cupertino Exhibit B -Service Order Process Cost Estimating Services — Cumming Page 1 of T EXHIBIT C COMPENSATION The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Consultant Compensation, of the Master Agreement. Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City. Consultant Hourly Rate(s) The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders: Labor Category Master Agreement Hourly Rate 1 i Ce ctr Iw rIG ,., r Jeu iof Cob i l..s%c4_&,e/ 17 Gw.1 C,,4 nia Reimbursable Expenses Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to: Individual or multiple document reproductions that exceed 50 pages; Travel expenses to the extent allowed by City policy; Sub -consultants required by project scope of services; The City shall compensate the Consultant for such reimbursable expenses only with prior written authorization by the City representative designated in Article 11, Project City of Cupertino Exhibit C -Compensation Estimating Services - Cumming Page 1 of 2 EXHIBIT C COMPENSATION Coordination, of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum compensation for the Service Order, The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall be separately identified on the Consultant invoice. Method of Payment The Consultant shall submit an invoice to the City by the 511, business day of each month that clearly identifies the work performed in the previous month and authorized reimbursable expenses. All invoices from Consultant shall be addressed to City at: Attention: Carmen Lynaugh City of Cupertino 10300 Torre Ave. Cupertino CA 95014 The invoice shall identify the applicable period of work, a description of the work performed consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable expenses, Service Order maximum compensation, Service Order compensation to date including invoice number, total invoice amount for current invoice, Service Order maximum compensation balance remaining. All Consultant payments shall be addressed to: Attention: Nick Mata Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 END OF EXHIBIT City of Cupertino Exhibit C -Compensation Estimating Services — Cumming Page 2 of 2 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO December 9, 2014 Cumming Attention: Nick Mata 475 Sansome Street, Suite 520 San Francisco, -CA 94111 Re: Service Order No. 6 for Monta Vista Storm Drain System. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at 408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $ 3,000.00 Term: NTP: Nov. 20, 2014 Service Order No.: 6 Account No.: 580-9255-9300 END DATE: Nov. 30, 2014 Approval by: City Manager Director ® Date: Feb. 24, 2014 City Council Item Number: Date: Consultant: Firm Name: Cumming V 3 r Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION . Project Name: Monta Vista Storm Drain System Cost Estimate Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh City of Cupertino Service Order # 6 Cumming Page 1 of 2 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $ 40,000 Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CIP, #: 1 $ 7,825 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2 $ 2,800 ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 $ 9,800 ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 $ 3,500 ENCUMBER: Account No. 580-9255-9300, Quinlan Upgr d SO#: $ 7,175 Total Encumbered to Date $ 31,100 Current unencumbered amount in Master Agreement: $ 5,900 ENCUMBER: Account No. 215-9620-9300, Monta Vista SD, SO #: 6 $ 3,000 Total Encumbered to date: $ 34,100 Master Agreement Balance: $ 5,900 Contract APPROVALS Consultant: bwb MQ I A*V,4m Date: Director of Public Works: Date: 7 L Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Date: g C Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: 215-9620-930.0 Service Order Encumbrance Amount: $ 3,000 City of Cupertino Service Order # 6 Cumming Page 2 of 2 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupiertino.orgCUPERTINO October 15, 2014 Cumming Attention: Nick Mata 475 Sansome Street, Suite 520 San Francisco, CA 94111 Re: Service Order 5 for the Quinlan CommL[nity Center Interior upgrades Agreement. Enclosed for your records is a fully executed original copy -of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at 408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $ 7,175.00 Term: NTP: Sept. 22, 2014 Service Order No.: 5 Account No.: 580-9255-9300 END DATE: Nov. 30, 2014 Approval by: City Manager Director N Date: Feb. 24, 2014 City Council Item Number: Date: Consultant: Firm Name: Cunurdng Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: _Quinlan Community Ce:ateLLnterior Uggra&a Cost Estimate Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh City of Cupertino Service Order # 5 Cumming Page 7 of 2 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $ 40,000 Previously Encumbered on MAA: ENCUMBER: Account No. 110-8101-7014 CIP, SO #: 1 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2 ENCUMBER: Account No. 420-9271-9300 , ]library Expan., SO #: 3 ENCUMBER: Account No. 420-9270-9300, Solar Install, SO #: 4 Total Encumbered to Date Current unencumbered amount in Master Agreement: ENCUMBER: Account No. 580-9255-9300, Quinlan Upgrades, SO #: 5 Total Encumbered to date: Master Agreement Balance: 7,825 2,800 9,800 3,500 23,925 8,900 7,175 31 , 100 8,900 Contract Manager: 'C" vH Pv\ L --4y% A o S Date: to - g -/'y APPROVALS f _. Consultant. _ Date: i Director of Public Works: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. 7 to City Finance: zt / Date: Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: 580-92.55-9300 Service Order Encumbrance Amo ; $ 7,175 City of Cupertino Service Order # 5 Cumming Page 2 of 2 June 11, 2014 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE - CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 - FAX: (408) 777-3366 WEBSITE: www.cupi3rtino.org Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 Re: Service Order 3 for Cost Estimating for Library Expansion Project and Service Order 4 for Solar Installation Project Cost Estimate. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at 408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $ 9,800.00 Term: NTP: May 29, 2014 Service Order No.: 3 Account No.: 110-8101-7014 END DATE: July 31, 2014 Approval by: City Manager Director ® Date: Feb. 24, 2014 City Council Item Number: Date: Consultant: Firm Name: Cumming Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Cost Estimating fororary Expansion Prom_ Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh FISCAL/BUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CIP, SO #: 1 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2 Total Encumbered to Date Current unencumbered amount in Masten Agreement: ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 Total Encumbered to date: City of Cupertino Cumming Amount: $ 40,000 Master Agreement Balance: 7,825 2,800 10,625 29,375 69,800 JZ- 7(Y1,d,' 20,425 19,575 Service Order # 3 Page 1 of 2 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER Contract Manager: L Date: 6P' ' • APPROVALS IConsultant. _ Date. a6/z9 /Za- Director of Public Works: Date: ( 1 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: Date: ° It c --- Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: 420-9271-9300 Service Order Encumbrance Amount: $ 9,800 City of Cupertino e Service Order # 3 Cumming Page 2 of 2 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 3 Cost Estimating Consultant Services INTRODUCTION Service Order #3 under a Master Agreement for Cost Estimating Consultant Services dated November 19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A", to Service Order No. 3 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating for the Library Expansion project. ITEM A: DESCRIPTION OF PROJECT ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Provide a cost estimate of the Library Expansion project for two separate expansion concepts. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Servide Order: CONSULTANT: Cumming CITY;, The. Department of Public Works, Nick Mata Carmen Lynaugh, Public Works Project Manager 475 Sansome Street, Suite 520 San Francisco, CA 94111 10300 Torre Ave. Cupertino, CA 95014 415-748-3080 408-777-3215 nmata@ccorpusa.com carmEnl@cupertino.org City of Cupertino e Service Order #3 -Attachment A Cumming Page 1 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 3 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Prepare cost estimate Prepare accurate and realistic construction costs estimates, including direct and indirect construction costs for the two separate expansion concepts for the Library Expansion project. Item C Deliverables Produce a single Statement of Probable Cost (SOP(C) at the master plan level of design for each concept. Included in this task is the following scope: I. scope review meeting with Architect. 2. architectural, structural, and site quantification and pricing. 3. site visit, if required. 4. mechanical / electrical / plumbing support as required. 5. follow-up meeting with City of Cupertino staff:, and (4) hours for report revisions based on City of Cupertino staff feedback. 6. Excludes additional revisions and site visits and reconciliation of the SOPC with third party estimator, if needed may be authorized by City using Additional Services. ITEM D SCHEDULE OF PERFORMANCE Provide Draft Review by June 10, 2014 All work under this Service Order shall be completed by July 30, 2014 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Deliver Drafts of Estimate by June 10, 2014 and final within 1 week from City comments ITEM E -COMPENSATION A. Base Compensation City of Cupertino Service Order #3 -Attachment A Cumming Page 2 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 3 The maximum compensation for this Service Order, hicluding both payment for professional services, additional services and reimbursable expenses, shall r1ot exceed NINE THOUSAND EIGHT HUNDRED DOLLARS ($ 9,800). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for the amount of SEVEN THOUSAND DOLLARS ($ 7,000). The maximum amount of Additional Services are authori:,ed under Service Order of this Attachment A is TWO THOUSAND EIGHT HUNDRED DOLLARS ($ 2,800). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement. C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY has set aside the sum of TWO THOUSAND EIGHT HUNDRED DOLLARS ($ 2,800) 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. END OF ATTACHMENT City of Cupertino Cumming Service Order #3 -Attachment A Page 3 of 3 CUMMING Building Vakie Through Expertise May 291h,2014 Carmen Lynaugh Public Works Project Manager City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: Library Expansion Proposal No: 14-1042 Cost Management Fee Proposal Dear Carmen, Thank you for giving Cumming the opportunity to work with you on the above project. It is our understanding the project is comprised of expansion of the existing Library Building for a new Teen Center and Story Room. Two separate expansion options are under consideration and require pricing. For this project we propose a single Statement of Probable Cost (SOPC) at the Conceptual level of design. Included in this task is the following scope: 2) hours scope review meeting (completed). 2) hours template preparation, report compilation, and quality control / peer review. 20) hours architectural, structural, and site quantification and pricing., 8) hours mechanical / electrical / plumbing support as required. 4) hours follow-up meeting with City of Cupertino staff, and (4) hours for report revisions based on City of Cupertino staff feedback. 0 (16) hours for reconciliation of the SOPC with a third party estimator. Our fixed not -to -exceed fee for this scope of work is as outlined in the table below: Cost Management Services: Base Services: 1. Conceptual SOPC 2. Reconciliation with a third party estimator Total Cost Management Services Proposed Approach Accurate and realistic cost management is one of the foundations for project success. We will begin our cost services on the project with an in depth review of all facilities / program and target budget. Our cost budgets 475 SANSOME STREET, SUITE S20 I SAN FRANCISCO, CA 94111 1 PH 415-748-3080 1 FAX 415-748-3090 www.ccorpusa.com are "built to suit" the unique challenges and characteristics of the project and in a workable and user friendly format to best communicate all aspects of cost. Our cost. models will contain all required direct and indirect construction costs as well as project cost factors and allowances for contingencies and escalation. The model will account for all project conditions (sub contract and general pool, delivery method, schedule, owner requirements, site restraints / logistics) as well as all market variables (credit markets, energy and commodity trends, global impacts, etc.). Included within our cost management services are the folllowing tasks: Review of design information Cost estimating of all direct and indirect construction costs Our fees assume any required design information (including drawings, specifications, and reports) required for the performance of our work will be provided in hard copy form and electronically at no cost to Cumming. PDF is the preferred electronic format. The estimates will be present in an industry standard or custom format to suit both design team's review and owner preference. Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of the remaining service. We look forward to working with you on this project. Wo trust the above will be to your satisfaction. We are available to discuss any questions you may have regarding this fee proposal. Please indicate your acceptance by signing below and returning a copy of this document to our office. Very truly yours, CUMMING n Nick Mata Senior Cost Manager We will be periodically billing for the above mentioned services. Your acceptance of the proposal as indicated below will be binding on both parties. Accepted by: City of Cupertino Authorized Signatory Date 475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, CA 941111 PH 415-748-3080 1 FAX 415-748-3090 wwwxcorp isa.com mm CUMM RIG Building Value Thriough Expertise HOURLY RATES 2014 COST MANAGEMENT SR. VICE PRESIDENT / REGIONAL VICE PRESIDENT DIRECTOR OF COST MANAGEMENT SENIOR COST MANAGER COST MANAGER COST MANAGEMENT / TECHNICIAN / COORDINATOR 235.00 per hour 195.00 per hour 175.00 per hour 160.00 per hour 115.00 per hour 475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, CA 941111 PH 415-748-3080 1 FAX 415-748-3090 www.ccorpuasa.com CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $ 3,500.00 Term: NTP: June 2, 2014 Service Order No.: 4 Account No.: 110-8101-7014 END DATE: June 6, 2014 Approval by: City Manager Director ® Date: Feb. 24, 2014 City Council Item Number: Date: Consultant: Firm -Name: Cumming Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Solar Installation Prole I Cost Estimate Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works City of Cupertino Cumming Project Manager: Carmen Lynaugh Service Order # 4 Page 1 of 2 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER FISCAL/BUDGET Master Agreement Maximum Compensafion: Amount: $ 40,000 Previously Encumbered on MA: ENCUMBER: Account No. 110-8101-7014, CIP, SO #: 1 $ 7,825 ENCUMBER: Account No. 420-9261-9300, MRP Barn, SO #: 2 $ 2,800 ENCUMBER: Account No. 420-9271-9300, Library Expan., SO #: 3 $ 9,800 Total Encumbered to Date $ 20,425 Current unencumbered amount in Master.' Agreement: $ 16,075 ENCUMBER: Account No. 420-9X3-9300, Solar Install, SO #: 4 $ 3,500 2,7j Total Encumbered to date: $23,925 Master Agreement Balance: $16,075 Contract Manager: ADate: 14 I [ a - APPROVALS Consultant. Date. Director of Public Works:--- Date: A / Appropriation Certification: I hereby certify i:hat an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: _ Date: JZ/4--- Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: 420-9270-9300 Service Order Encumbrance Amount: $ 3,500 City of Cupertino Service Order # 4 Cumming Page 2 of 2 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 4 Cost Estimating Consultant Services INTRODUCTION Service Order #4 under a Master Agreement for Coat Estimating Consultant Services dated November 19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A", to Service Order No. 4 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating for the Solar Installation at the Service Center project. ITEM A: DESCRIPTION OF PROJECT ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Provide a cost estimate of the Solar Installation at the Service Center project. A-2 PROJECT COORDINATION The following individuals are the primary, contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Cumming CITY: The Department of Public Works, Nick Mata Carmen Lynaugh, Public Works Project Manager 475 Sansome Street, Suite 520 San Francisco, CA 94111 10300 Torre Ave. Cupe rtino, CA 95014 415-748-3080 408-777-3215 nmata@ccorpusa.com carm.E!nl@cupertino.org City of Cupertino Service Order 94 -Attachment A Cumming Page 1 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 4 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Prepare cost estimate Prepare accurate and realistic construction costs estimates at the conceptual level of design, including direct and indirect construction costs for the Solar Installation at the Service Center project. Item C Deliverables Produce a single Statement of Probable Cost (SOPC) at the solar installation at the Service Center as show in the documents provided by the City. Incluoled in this task is the following scope: 1. Prepare template, report compilation and quality control/peer review 2. Electrical quantification and pricing 3. Architectural support as required 4. report revisions based on City of Cupertino staff feedback. ITEM D SCHEDULE OF PERFORMANCE Provide Draft Review by June 13, 2014 All work under this Service Order shall be completed by July 30, 2014 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Deliver Drafts of Estimate by June 113, 2014 and final within 1 week from City comments ITEM E COMPENSATION A. Base Compensation The maximum compensation for this Service Order, including both payment for professional services, additional services and reimbursable expenses, shall not exceed THREE THOUSAND FIVE HUNDRED DOLLARS ($ 3,500). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for the amount oi: 'THREE THOUSAND FIVE HUNDRED City of Cupertino Service Order #4 -Attachment A Cumming Page 2 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 4 DOLLARS ($ 3,500). The maximum amount of Additional Services are authorized under Service Order of this Attachment A is ZERO DOLLARS ($0). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses None for required tasks. May apply to additional. services as spelled out in Exhibit C of the Master Agreement. C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY has set aside the sum of ZERO THOUSAND DOLLARS ($0) 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. END OF ATTACHMENT City of Cupertino e Service Order #4 -Attachment A Cumming Page 3 of 3 CUMIMING, Building Value Through Expertise June 2nd, 2014 Carmen Lynaugh Public Works Project Manager City of Cupertino 10300 Torre Avenue Cupertino, California 95014 Re: Solar Project at Service Center Proposal No: 14-1076 Cost Management Fee Proposal Dear Carmen, Thank you for giving Cumming the opportunity to work with you on the above project. It is our understanding the project is comprised of a new Solar Panel installation at the existing Service Center. For this project we propose a single Statement of Probable Cost (SOPC) at the Conceptual level of design. Included in this task is the following scope: 2) hours template preparation, report compilation, and quality control / peer review. 12) hours electrical quantification and pricing. 4) hours architectural support as required. 2) hours for report revisions based on City of Cupertino staff feedback. Our fixed not -to -exceed fee for this scope of work, based on (20) man-hours is $3,500. Proposed Approach Accurate and realistic cost management is one of the foundations for project success. We will begin our cost services on the project with an in depth review of all facilities / program and target budget. Our cost budgets are "built to suit" the unique challenges and characteristics of the project and in a workable and user friendly format to best communicate all aspects of cost. Our cost models will contain all required direct and indirect construction costs as well as project cost factors and allowances for contingencies and escalation. The model will account for all project conditions (sub contract and general pool, delivery method, schedule, owner requirements, site restraints / logistics) as well as all market variables (credit markets, energy and commodity trends, global impacts, etc.). Included within our cost management services are the following tasks: Review of design information Cost estimating of all direct and indirect construction costs 475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, CA 94111 1 PH 415-748-3080 1 FAX 415-748-3090 www.ccorpiisa.coim Our fees assume any required design information (including drawings, specifications, and reports) required for the performance of our work will be provided in hard copy form and electronically at no cost to Cumming. PDF is the preferred electronic format. The estimates will be present in an industry standard or custom format to suit both design team's review and owner preference. Fees are valid for 90 days from the date of this proposal. Should any of the above tasks be deleted from our scope of services, we reserve the right to adjust the remaining fees to reflect possible resultant changes to the scope of the remaining service. We look forward to working with you on this project. Wo trust the above will be to your satisfaction. We are available to discuss any questions you may have regarding this fee proposal. Please indicate your acceptance by signing below and returning a copy of this document to our office. Very truly yours, CUMMING Nick Mata Senior Cost Manager We will be periodically billing for the above mentioned SOrvices. Your acceptance of the proposal as indicated below will be binding on both parties. Accepted by: City of Cupertino Authorized Signatory Date 475 SANSOME STREET, SUITE 520 1 SAN FRANCISCO, SCA 941111 PH 415-748-3080 1 FAX 415-748-3090 www.ccorpijsa.com CUMM = I NG Building Value Through Expertise HOURLY RATES 2014 COST MANAGEMENT SR. VICE PRESIDENT / REGIONAL VICE PRESIDENT DIRECTOR OF COST MANAGEMENT SENIOR COST MANAGER COST MANAGER COST MANAGEMENT / TECHNICIAN / COORDINATOR 235.00 per hour 195.00 per hour 175.00 per hour 160.00 per hour 115.00 per hour 475 SANSOME STREET, SUITE 520 l SAN FRANCISCO, CA 941111 PH 415-748-3080 l FAX 415-748-3090 www.ccorpusaxom March 20, 2014 OFFICE OF THE CII V CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 Re: Service Order 2 to the original agreement for consultant services Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at 408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF CUPERTINO Master Agreement Cornsultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $ 7,825.00 Term: NTP: February19; 20T4 ri -_ Approval by: City Manager City Council Service Order Pro.: ,2 Account No.: 110-8101-7014 END DATEtMarch._31;_20_14,,V Director ® Date: Feb. 24, 2014 Item Number: Date: Consultant: Firm Name: Cumming Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Cost Estimating for Mcg 'e"a" Ranch Presery Barn Conceptual Renovation Project Description: (simple project description if. appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh FISCALBUDGET Master Agreement Maximum Compensation; Amount: $ 40,000 Previously 'Encumbered on MA: 7,825 ENCUMBER: Account No. 110-8101-7014 , SO #: 1 Total Encumbered to Date $ 7,825 Current unencumbered amount in Master Agreement: 32,175 ENCUMBER: Account No 420:=9261=.93x30 Total Encumbered to date: $10,625 Master Agreement Balance: $ 29,375 Service Order + 2 Cite of Cupertino Page 1 of 2 Cumming CITY OF CUPI.ERTINO Master Agreement Consultant Services SERVICE ORDER Contract. Manager: L A- 44A I — t1 i Yl-Gt.--, /,— Date: APPROVALS Consultant:_ Date: VLj Director of Public Works: Date: Io Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: _ Date: T Agreement P.O. No.: 00058296 Service Order Account No. for Encumbrance: 420-9261-9300 Service Order Encumbrance Amount: $ 2,800 City of CUpertino Service Order #2 Cumming Page 2 of 2 CITY OF CUPiERTINO ATTACHMENT A SERVICE ORDER # 2 Cost Estimating Consultant Services INTRODUCTION Service Order #2 under a Master Agreement for Cost :Estimating Consultant Services dated November 19, 2013, between the City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A", to Service Order No. 2 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating for McClellan Ranch Preserve Barn Conceptual Renovation Project ITEM A: DESCRIPTION OF PROJECT ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Provide a Peer review of the Statement of Probable Cost (SOPC) prepared by P.W. Waszink Construction Consultant for the McClellan Ranch Preserve Barn Conceptual Renovation Plan project. Being aware that the barn is currently in the flood plain. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONII ULTANT: umming1 CITY: 'The Department of Public Works, Sa 5zileJW Carmen Lynaugh, Public Works Project Manager 475 Sansome Street, Suite 520 San Francisco, CA 94111 1.0300 Torre Ave. Cupertino, CA 95014 415-748-3080 408-777-3215 nmataata@ccorpusa.com carmenl@?cupertino.org City of Cupertino Service Order #2 -Attachment A Cumming Pagel of3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 2 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Peer Review of SOPC by P.W. Waszink Construction Consultant Prepare a report in letter -style format with itemized recommendations and alterations to the budget, including review of selected quantities. ITEM C DELIVERABLES The CONSULTANT shall deliver the following Iten-ts to the CITY under this SO: TASK 1.0 Peer Review of SOPC by P.W. Waszink Construction Consultant ITEM D SCHEDULE OF PERFORMANCE Provide Draft Peer Review by March 7, 2014 All work under this Service Order shall be completed by March 14, 2014 DELIVERY SCHEDULE The task deliverables in Iter, C shall be received by the CITY as indicated below: TASK 1.0 Deliver Drafts of Peer Review within 2 week of the NTP and final within 1 week from City comments ITEM E COMPENSATION A. Base Compensation The maximum compensation for this Service Order, including both payment for professional services, additional services and reimbursable expenses, shall not exceed TWO THOUSAND EIGHT HUNDRED DOLLARS ($ 2,800). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment A of this Service Order, except: for any additional services required, and inclusive of reimbursable expenses, for the amount of TWO'THOUSAND EIGHT HUNDRED DOLLARS ($ 2,800). The maximum amount of Additional Services are authorized under Service Order of this Attachment A is ZERO DOLLARS ($0). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. City of Cupertino Service Order #2 -Attachment A Cumming Page 2 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 2 B. Reimbursable Expenses None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement. C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY has set aside the sum of ZERO THOUSAND DOLLARS ($0) for the payment of Additional Services. The CITY shall not authorize and CONSULTANT shall riot 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. END OF ATTACHMENT City of Cupertino Service Order #2 -Attachment A Cumming Page 3 of 3 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE: o CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertitio.org CUPERTINO March 20, 2014 Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 Re: Service Order to Agreement for consultant: services Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at 408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER MASTER AGREEMENT PO#: 00058296 Maximum Compensation: $ 7,825.00 Service Order No.: 1 Account No.: 110-8101-7014 Term: NTP: FebruaLry19 END DATE:1Vlarch 31;T2014' Approval by: City Manager Director 0 Date: Feb. 19, 2014 City Council Item Number: Date: onsultant: Firm Name: Cumming Address: 475 Sansome Street, Suite 520, San Francisco, CA 94111 Contact: Nick Mata Phone: 415-748-3080 PROJECT DESCRIPTION Project Name: Cost Estimating for CIP Pr 2icts Description: (simple project description if appropriate) Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Comoensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Carmen Lynaugh FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $ 40,000 Previously Encumbered on MA: $ 0 Current unencumbered amount in Master Agreement: / $ 40,000 ENCUMBER: Account NQ -1.-10-8,1_017014 SU'#s' 1w _ Total to date: $ 7;825 Master Agreement Balance: $ 32,175 Contract Manager: 621a Date: Z 12 -s - City of Cupertino Service Order # 1 Cumming Page 1 of 2 CITY OF CUPERTINO Master Agreement Consultant Services SERVICE ORDER APPROVALS Consultant: Date: a Director of Public Works: Date: 1 y A Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: , _ Date: A9rze.me 14 PO, /-o. 0005829 % C: i" ' S zr\f; czO rater ALL o fir} fJo. W r " c w •r C)-d n c e 1 C7 - 41 OI - 'I o \-i- Ser e orde.r Ar" oun+ of &nc,uml0r-v-1c.e 7,8ZS City of Cupertino Service Order # 1 Cumming Page 2 of 2 CITY OF CUPER.TINO ATTACHMENT A SERVICE ORDER # 1 Cost Estimating Consultant Services INTRODUCTION Service Order #1 udder a Master Agreement for Cost Estimating Consultant Services dated November 19, 2013, between die City of Cupertino ("CITY") and Cumming ("CONSULTANT"), (type of Consultant entity) Attachment "A", to Service Order No. 1 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for Cost Estimating for CIP Projects. ITEM A: DESCRIPTION OF PROJECT ITEM B SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Prepare accurate and realistic construction costs estimates, including direct and indirect construction costs for the City to use in our Capital Improvement Program (CI`P) budgeting process. The CIP list contains approximately 24 separate projects. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Cumming CITY: The Department of Public Works, Nick Mata Carmen Lynaugh, Public Works Project Manager 475 Sansome Street, Suite 520 San Francisco, CA 941.11 10300 Torre Ave. Cupertino, CA 95014 415-748-3080 408-777-321.5 nmata@ccorpusa.com carmenl(@(-t.tpertino.org City of Cupertino Service Order #1 -Attachment A Cumming Pagel of 3 CITY OF CUPER.TINO ATTACHMENIT A SERVICE ORDER # 1 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Statement of Probable Cost Produce a single Statement of Probable Cost (SOPC) at the master plan level of design. Included in this task is the following scope: 1. scope review meeting including (1) hour document download and preparation. 2. template preparation, report compilation, and duality control/ peer review. 3. architectural, structural, and site quantification and pricing. 4. site visit, if required. 5. mechanical / electrical / plumbing support as required. 6. follow-up meeting with City of Cupertino staff, and (4) hours for report revisions based on City of Cupertino"staff feedback. 7. Excludes additional revisions and site visits and reconciliation of the SOPC with third party estimator, if neededmay be authorized by City Using Additional Services. ITEM C DELIVERABLE$ The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 1.0 Statement of Probable Cost (SOPC) for each of the CIP projects ITEM D SCHEDULE OF PERFORMANCE Provide Draft SOPC by March 7, 2014 All work under this Service Order shall be completed by March 31, '2014 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Deliver Draft of SOPC within 2 week of the NTP and. final SOPC within 1 week City of CuPerrino Service Order #1 -Attachment A Cumming Page 2 of 3 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER # 1 from City comments ITEM E COMPENSATION A. Base Compensation The maximum compensation for this Service Order, including both payment for professional services, additional services and reimbursable expenses, shall not exceed SEVEN THOUSAND EIGHT HUNDRED AND TWENTY FIVE DOLLARS ($ 7,825). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for the amount of SIX THOUSAND EIGHT HUNDRED AND TWENTY FIVE DOLLARS ($ 6,825). The maximum amount of Additional Services are authorized under Service Order of this Attachment A is ONE THOUSAND DOLLARS ($ 1,000). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement. C. Additional Services. CONSULTANT shall not perform Additional Services witltout 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 forthin Exhibit C of the Master Agreement, 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 pavment 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract. END OF ATTACHMENT City of Cupertino Service Order #1 -Attachment A Cumming Page 3 of 3 December 18, 2013 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupErtino.org Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have.any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, avt4 om"e' Dorothy Steenfott Senior Office Assistant cc: Public Works Enclosure MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND UMMING`FOR COST ESTIMA7i,ING CONSULTANT SERVICES S -1t ASTER AGREEMENT, for reference dated November 19, 2013, is byan-Fetween CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and, CUMMING (a California Corporation) whose address is 475 Sansome Street, Suite 520, San Francisco, CA94111; telephone no. (415) 748-3093 (hereinafter referred to as "Conant"), 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 Cost Estimating Services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate -on -December -3.1-,-2-015 unless tern.linated earlier as set forth herein. SCOPE OF SERVICES Consultant shall provide services under this Master Agreement on an "as needed" basis and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed Service Order as set forth in Exhibit B, Service Order Process; both Exhibits which are attached hereto and incorporated herein by this reference.. The City has sole discretion to authorize any Service Order and has no obligation to do so under this Master Agreement. City of Cupertino Consultant Master Agreement Cost Estimating. Services - Cumming Page 1 of 11 3. SCHEDULE OF PERFOMRANCE: All Consultant services under this Master Agreement shall be completed on or before the end of the Master Agreement Term. Each authorized Service Order shall include its own defined Schedule of Performance. In no case shall any Service Order's schedule of performance extend beyond the Master Agreement Term. CONSULTANT COMPENSATION: The maximum compensation to be pail to Consultant under this Master Agreement shall not exceed Fourty Thousand Dollars ($ 40,000.00). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. No payment shall be made under this agreement unless authorized by a fully executed Service Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum compensation for this Master Agreement as defined above. 5. METHOD OF PAYMENT: The method of payment for services performed tinder this agreement is set out in Exhibit C, titled "Method of Payment", 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 authorized Service Order, clearly stating; the total Contract amount, amount paid to date, the work performed and percent complete, and amount due. All requests for payment from Consultant to Citi shall be addressed to the City to: Attention: Carmen Lynaugh City of Cupertino 10300 Torre Ave. Cupertino CA 95014 TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 7. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the practice of a professional that specializes in performing professional services of a like nature and complexity, and agrees that all services shall be performed by similarly qualified and experienced personnel who are not employed by the City nor have any contractual City of Cupertino Consultant Master Agreement Cost Estimating Services — Cumming Page 2 of 11 relationship with City. 8. INDEPENDENT PARTIE 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. 9. 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. 10. 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. 11. PROJECT COORDINATION CITY: The Director of Public Works, or designated agent, shall be representative of City for all purposes under this Agreement. Carmen Lynaugh is hereby designated as the Director of Public Works' agent and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Executive to have overall responsibility for the progress and execution of this Agreement for the Consultant. If, subsequent to the execution of the Agreement, circumstances or conditions require a substitute City of Cupertino Consultant Master Agreement Cost Estimating Services — Cumming Page 3 of 11 Consultant Project Executive for any reason, the proposed replacement Consultant Project Manager shall be subject to the prior written acceptance and approval of the City Director of Public Works or the above named designated agent.. The designated Consultant Project Executive for the Agreement term shall be Nick Mata. 12. HOLD HARMLESS: 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. 13. 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 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 City of Cupertino Consultant Master Agreement Cost Estimating Services — Cumming Page 4 of 11 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. 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. 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 City of Cupertino Consultant Master Agreement Cost Estimating Services - Cumming Page 5 of 11 adequate coverage for Consultant. 14. 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 or Statement of Economic Interest (Form 700) 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, et seq. of the California Code of Regulations. 15. 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. 16. SUBCONSULTANT APPROVAL: Unless prior written consent from City is obtained, only those people and subconsultants whose names are included in this .Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subconsultants, such subconsultants shall be required to furnish proof of workers' corn pensation insurance and shall also be required to carry, at a minimum, general, automobile and professional liability insurance equal to the insurance maintained by the Consultant as required by this agreement. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 17. 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 City of Cupertino Consultant Master Agreement Cost Estimating Services - Cumming Page 6 of 11 hereunder. 18. 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 providecl 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. E. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be invade 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. Documents shall be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 19. 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 during normal business hours, 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 i:his Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be City of Cupertino Consultant Master Agreement Cost Estimating Services - Cumming Page 7 of 11 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. 20. 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 10300 Torre Ave. Cupertino CA 95014 Attention: Carmen ynaugh All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 Attention: Nick Mata 21. 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. The City shall notify the Consultant of such default,in writing, specifying the nature of such default and the steps necessary to cure such default, If, after receipt by Consultant, such default is not cured within the time specified, 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, City of Cupertino Consultant Master Agreement Cost Estimating Services — Cumming Page 8 of 11 documents, and other work performed by Consultant under this Agreement. 22. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 23. 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. 24. 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. 25. 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. 22. 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. City of Cupertino Consultant Master Agreement Cost Estimating Services - Cumming Page 9 of 11 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. 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. REPRESENTATION OF AUTHORITY: The person executing this agreement on behalf of the CONSULTANT. does hereby represent and warrant that the CONSULTANT is a sole proprietor in the State of California and has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement. 29. 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. IN WITNESS WHEREOF, the parties have caused. the Agreement to be executed. City of Cupertino Consultant Master Agreement Cost Estimating Services — Cumming Page 10 of 11 CONSULTANT CUMMING A California Corporation Y Name c Ak— ", Title Sewc t C..4 Date (2/Z 2ol j Tax I.D. No.: 2°'$-7I3 Address: 475 Sansome St., Suite 520 San Francisco, CA 94111 CITY OF CUPERTINO A Municipal Corporation By Timm Borden, Director of Public Works Date -A2 1 C' / 3 APPROVED AS TO FORM: Ca of Korade, City Attorney ATTEST: f -/, 7 Grace Schmidt, City Clerk Contract Amount: $ 40,000 Account No.: BY SERVICE ORDERS Ila- d`'%° / > o / t — `, 91f-P/-/ JIXIX) City of Cupertino Consultant Master Agreement Cost Estimating Services - Cumming Page 11 of 11 EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide certain Estimating services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1- GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public Works Director or authorized Agent. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Cost Estimating Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this AGREEMENT only by authorization of a fully executed SERVICE ORDER which shall clearly provide the nature of the specific services, the time limit within which such services must be completed, and the compensation for such services. Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the CITY's designated Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Cost Estimating services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. Consultant services under this Master Agreement may include, but are not limited to: City of Cupertino Exhibit A -Scope of Services Cost Estimating Services — Cumming Page 1 of 2 EXHI131T A SCOPE OF SERVICES A. Services 1) Provide services with varying degrees of information provided by the City a) Including the following types of estimates and services: a. Budgetary Cost Estimating b. Specific Project Cost Estimating c. 3rd Party Peer Review d. Value Engineering e. Continuous Cost Management f. Target Value Design Assistance g. Change Order Analysis h. Cash Flow and Forecast during construction i. Construction Cost Audits j. Project Soft Cost Analysis and Planning END OF EXHIBIT City of Cupertino Exhibit A -Scope of Services Cost Estimating. Services —Cumming Page 2 of 2 EXHIBIT B SERVICE ORDER PROCESS The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed Service Order.. SECTION 1- SERVICE ORDER INITIATION A. The City Public Works Director or his designee shall provide written request for Consultant services as defined in this agreement. The Consultant and City shall meet to discuss the services after which the consultant shall provide a written proposal including specific scope of services, performance schedule, and compensation to the City. B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order. C. The City shall prepare a Project Service Order consistent with the City's standard form, Service Order, and Attachment A. The Service Order shall, at a minimum, include (1) specific scope of services, deliverables, schedule of performance, and compensation. SECTION 2- SERVICE ORDER EXECUTION D. Both parties shall execute the Service Order as evidenced by the signatures of the authorized representatives defined in Article 11 of the Master Agreement, Project Coordination, and the date signed. E. The Consultant shall begin work on the scope of services only after receipt of a fully executed authorized Service Order defining those services. Consultant understands and agrees that work performed before the date of the authorized Service Order or outside the scope of services once a Service Order is signed and authorized shall be at no cost to the City. F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement. END OF EXHIBIT City of Cupertino Cost Estimating Services — Cumming Exhibit B -Service Order Process Page 1 of 1 EXHIBIT C COMPENSATION The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Consultant Compensation, of the Master Agreement. Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City. Consultant Hourly Rate(s) The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders: Labor Category Master Agreement Hourly Rate V;rec'°r Q5A-wr Se.or C04 off% M.C.Cff t f (00 lc, -,i ' Reimbursable Expenses Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to: Individual or multiple document reproductions that exceed 50 pages; Travel expenses to the extent allowed by City policy; Sub -consultants required by project scope of services; The City shall compensate the Consultant for such reimbursable expenses only with prior written authorization by the City representative designated in Article 11, Project City of Cupertino Exhibit C -Compensation Estimating Services— Cumming Pagel of 2 EXHIBIT C COMPENSATION Coordination, of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum compensation for the Service Order. The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration. Reimbursable e-xpenses shall be separately identified on the Consultant invoice. Method of Payment The Consultant shall submit an invoice to the City by the 51h business day of each month that clearly identifies the work performed in the previous month and authorized reimbursable expenses. All invoices from Consultant shall be addressed to City at: Attention: Carmen Lynaugh City of Cupertino 10300 Torre Ave. Cupertino CA 95014 The invoice shall identify the applicable period of work, a description of the work performed consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable expenses, Service Order maximum compensation, Service Order compensation to date including invoice number, total invoice amount for current invoice, Service Order maximum compensation balance remaining. All Consultant payments shall be addressed to: Attention: Nick Mata Cumming 475 Sansome Street, Suite 520 San Francisco, CA 94111 END OF ]EXHIBIT City of Cupertino Exhibit C -Compensation Estimating Services — Cumming Page 2 of T