14-048 Harris & Associates for consultant services for Linda Vista Pond Repair Technical Investigation OFFICE OF THE CI ii V CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
TELEPHONE: (408)777-3223• FAX: (408)777-3366
WEBSITE:www.cupertino.org
CUPERTINO
April 30, 2014
Harris & Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Re: 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 TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND HARRIS & ASSOCIATES FOR CONSULTANT SERVICES FOR
LINDA VISTA POND REPAIR TECHNICAL INVESTIGATION,P.O. 00058395
This first(15t) Amendment to the Consultant Services Agreement between the City
of Cupertino and Harris & Associates, for reference dated March 06, 2014, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Harris & Associates, a California corporation whose address is 1401 Willow Pass Road,
Suite 500, Concord, CA 94520, (hereinafter "Consultant"), and is made with reference to
the following:
RECITALS:
A. On March 06,2014 an agreement was entered into by and between City and
Harris & Associates (hereinafter "Agreement").
B. City and Harris & Associates desire to modify the Agreement on the terms
and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 1, Term of the Agreement is modified to read as follows:
The term of this Agreement shall commence on the date of the executed
agreement and shall terminate on June 30, 2014, unless terminated earlier as set forth
herein.
2. ATTACHMENT 1, ITEM D; Schedule of Performance, the first line shall also
be modified to read:
The CONSULTANT shall complete all work by June 30, 2014.
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] of 2
Amendment No.1 Harris&Associates Agreement—Linda Vista Park Pond Repair Technical Investigation
P.O. No.:00058395
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
Harris &As iates
By
n Borden, Director of Public Works
Title
Date
Date
Tax I.D. No.: 94-2385283
1401 Willow Pass Road, Suite 500
Concord, CA 94520 APPROVED AS TO FORM:
(925) 827-4900
roMorade, City Attorney
ATTEST:
Grace Schmidt, City Clerk ��9�t l
No change in agreement amount with this Amendment
Contract Amount: $ 14,500.00
Account No. :,580-9131-9300
Page 2 of 2
Amendment No.1 Harris&Associates Agreement—Linda vista Park Pond Repair Technical.Investigation
OFFICE OF THE CIIr(CLERK
CITY HALL
10300 TORRE AVE14UE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3223•FAX: (408)777-3366
WEBSITE:www.cupertino.org
CUPERTINO
April 3, 2014
Harris &Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Re: 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
AGREEMENT BETWEEN THE CITX OF CUPERTINO AND HARRIS &
ASSOCIATES FOR CONSULTANT-SERVICES FOR LINDA VISTA POND
REPAIR TECHNICAL. INVESTIGATION
Pes��'��
THIS AGREEMENT, for reference dated March 06, 2014 is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as
"City"), and Harris & Associates, a California corporation, whose address is 1401
Willow Pass.Road, Suite 500, Concord CA 94520 (hereinafter referred to as
"Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for
engineering analysis services for.Linda Vista Pond Repair Investigation upon the
terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on April 30, 2.014, unless terminated earlier as set
forth herein.
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Consultant Agreement March 06,2014
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2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in
ATTACHMENT ONE, Section B.•titled "Scope of Basic Services and
Responsibilities" which is attached hereto and incorporated herein by this
reference.
3. SCHEDULE OF PERFOMRANCE.,
The Services of Consultant are to be completed according to the schedule
set out in ATTACHMENT ONE, Section D, titled "Schedule of Performance
which is attached hereto and incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed fourteen thousand five hundred dollars ($14,500.).
The rate of payment is set out in ATTACHMENT ONE, Section B, 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.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not.employed by the City nor have any
contractual relationship with City.
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7. INDEPENDENT PARTIES:
City and Consultant intend that thE! relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None 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.
8. IMMIGRATION REFORM AND CONTROL ACT QRCA):
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.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. Katy Jensen, is hereby designated as the
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Director of Public Works' designee and Project Manager, and shall supervise the
progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circumstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the
prior written acceptance and approval of the City Project Manager. The
designated Consultant Project Manager shall be Kurt.Maire:
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability.. Where the law establishes a standard
of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or
is alleged to have breached or failed to meet such standard of care,
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 against any of them, including any injury to
or death of any person or damage to property or other liability of any
nature, that arise out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of 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.
Consultant shall not be obligated under this Agreement to indemnify City
to the extent that the damage is caused by the sole or active negligence or
willful misconduct of City, its agents or employees.
B. Claims for Other Liability. 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
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officers, officials, agents, employees and volunteers against any and all
liability, claims, actions, causes of action or demands from and against any
of them, including any injury to or death of any person or damage to
property or other liability of any nature, that arise out of, pertain to, or
relate to the negligence, recklessness, or willful misconduct of 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. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that i:he damage is caused by the sole or
active negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual property. In addition to the
obligations set forth in (A) and (13) above, Consultant shall indemnify,
defend, and hold the City, its elected and appointed officers, employees,
and volunteers, harmless from and against any Claim in which a violation
of intellectual property rights, including but not limited to copyright or
patent rights, is alleged that arises out of, pertains to, or relates to
Consultant's negligence, recklessness or willful misconduct under this
Agreement. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
12. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and daises 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
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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' Compensatiion:
Statutory coverage as required by the State of California.
(2) Liabili :
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: $�500,000
each occurrence
$:1,000,000
aggregate - all other
Property Damage: $:100,000 each occurrence
$250,000 aggregate
If submitted, combined. single limit policy with aggregate
limits in the amounts of$1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $:100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability::
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant iri
the amount of at least$1,000,000.
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
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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,adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governcrtental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
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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 aDtenant, 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.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance curried by Consultant..In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
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Agreement, shall be the exclusive property of City. Consultant shall not
,copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City.may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report,information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications i:o the documents.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient�detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
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make transcripts there from as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Katy Jensen
All notices; demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Harris& Associates
1401 Willow Pass Road, Suite 500
Concord, CA 94520
Attention: Vern Phillips
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20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon ternination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this.Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
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24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
25. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature between the parties hereto, and all preliminary negotiations and
agreements of any kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification
of this Agreement will.be effective only by written execution signed by both City
and Consultant.
26. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of
any gift by a City officer or designated employee, which prohibition is found in
City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any
gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach
of this Agreement by Consultant. In addition to any other'remedies, City may
have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement.
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.
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28. 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. �y
P.O. No.:
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
A.Municipal Corporation.
Hafris &As dates
By By
Timm Borden, Director of Public Works
Name
J Elate
Title
Date 3 q
Tax I.D. No.: `f" 2 3 5 2?3
APPROVED AS TO FORM:
Address:/5�D/ (�l�l�oaJ�4sSSoD
Carol Korade, City At rney
ATTEST:
Grace Schmidt, City Clerk L f—3—�Y
Contract Amount: $14,500.00
Account No. : v- q 131 -'J 3da
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CITY OF 112-LIPERTINO
ATTACHMENT ONE
LINDA VISTA POND REPAIR INVESTIGATION
INTRODUCTION
Attachment "ONE", to City of Cupertino Consultant Agreement defines the
CONSULTANT scope of services, schedule of performance, deliverables, and compensation for the
Linda Vista Park Pond Repair Investigation 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
The CONSULTANT shall provide engineering and technical analysis services necessary to investigate
existing conditions at the Linda Vista Park pond system and provide recommendations for repair and
return to service.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULTANT: Harris and Associates CITY: The Department of Public Works
Kurt Maire, PE Katy Jensen, CIP Manager
1401 Willow Pass Road, Suite 500 10300 Torre Avenue
Concord, CA 94520 Cupertino, CA 95014
(925)827-4900 ext1176 408-777-3248
KMaire @Harris-accoc.com katyj @cupertino.org
Harris and Associates Linda Vista Park Pond Repair Investigation
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ITEM B: SCOPE OF BASIC SERVICES A.ND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 INVESTIGATE EXISTING CONDITIONS
1.1 The CONSULTANT shall review record drawings and City GIS mapping of the pond system,
water system, and storm drain system in i:he proximity of the project area.
1.2 The CONSULTANT shall make two(2) project site visits to assess the existing conditions,
verify field conditions, identify visible differences with the record facility drawings, and meet
with CITY maintenance personnel familiar with the site.
TASK 2.0 EVALUATE EXISTING POND WATER SUPPLY PUMP AND FILL SYSTEMS
The CONSULTANT shall perform the following tasks with regard to the existing pond pump and
fill systems. The CITY shall provide the existing pump model and serial number through access to
the pump itself or City records. The City shall prime the pump and fill the ponds with City
supplied water in advance in preparation for the Consultant's work in Task 2.0. The City shall
operate the pump and fill systems while the Consultant conducts the investigation and analysis.
2.1 The CONSULTANT shall coordinate field operations necessary for the completion of Task 2.0
with the City designated project manager a minimum of five (5) business days in advance of
the site observation.
2.1 The CONSULTANT shall evaluate the existing pond pumping system, including general
control strategy, suction adequacy, discharge pipe.size and configuration,and verify existing
pump sizing, pump curve information, and proper selection/application.
2.2 The CONSULTANT shall observe and evaluate the existing pump serviceability for future
use. The City shall prime and operate the pump for the duration of the Consultant's
evaluation.
2.3 The CONSULTANT shall (1) observe and evaluate the potable water fill system to determine
issues with the general fill system control strategy, (2)evaluate the fill location and determine
if it should be relocated, and (3)evaluate and determine potential conflicts between the fill
and pump systems.
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2.4 The CONSULTANT shall provide a test field report summarizing the field activity including
time on site,City and Consultant personnel on site, activities undertaken,rough data
collected, and other pertinent observations made during the test.
TASK 3.0 TEST AND EVALUATE EXISTING POND BASINS FOR LEAKS
3.1 The CONSULTANT shall coordinate field. operations necessary for the completion of Task 3.0
with the City designated project manager a minimum of five (5)business days in advance of the
site observation.
3.2 The CONSULTANT shall test and evaluate the existing watertight integrity of each of the three
basins and connecting channels in the pond. system. The City shall provide dedicated on site
personnel and materials to isolate each pond for the CONSULTANT prior to the test, fill each
pond with City provided water available onsite, and return the site to the preexisting condition
after the test.
3.3 The CONSULTANT shall provide a test 1.field report summarizing the field activity including
time on site, City and Consultant personnel on site, activities undertaken, rough data collected,
and other pertinent observations made during the test.
TASK 4.0 TEST AND EVALUATE EXISTING POND RETURN CHANNEL FOR LEAKS
4.1 The CONSULTANT shall coordinate field. operations necessary for the completion of Task 4.0
with the City designated project manager a minimum of five (5)business days in advance of the
site observation.
4.2 The CONSULTANT shall test and evaluate the existing water return channel to the lower sump
basin for watertight integrity The City shall provide dedicated on site personnel and materials
to isolate the return channel for the CONSULTANT prior to the test, fill the return channel with
City provided water available onsite, and -return the site to the preexisting condition after the
test.
4.3 The CONSULTANT shall provide a test field report summarizing the field activity including
time on site, City and Consultant personnel on site, activities undertaken, rough data collected,
and other pertinent observations made during the test.
TASK 5.0 TEST AND EVALUATE EXISTING POND SYSTEM DRAIN
5.1 The CONSULTANT shall coordinate field. operations necessary for the completion of Task 4.0
with the City designated project manager a minimum of five (5)business days in advance of the.
site observation.
5.2 The CONSULTANT shall test and evaluate the existing lower sump basin drain for
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functionality. The City shall provide dedicated on site personnel and materials to drain the
lower basin for the CONSULTANT after completion of Task 4.0 and return the site to the
preexisting condition after the test.
5.3 The CONSULTANT shall provide a test .field report summarizing the field activity including
time on site, City and Consultant personnel on site, activities undertaken, rough data collected, and
other pertinent observations made during the test. The field test reports for Tasks 2.0 through 5.0
maybe combined if those field tests are performed in one day.
TASK 6.0 TECHNICAL EVALUATION
6.1 The CONSULTANT shall analyze the field tests performed in Tasks 2.0-5.0 and provide a draft
written technical evaluation of the entire Linda Vista Park pond system and individual
subsystems. The technical evaluation shall include test methodology, dates of performance,
data collected, data analysis, a program level estimate of probable cost to repair the pond
system and return it to operation, and professional recommendations for the repair work. Field
test reports, photographs, sketches, and other pertinent field observations from each task shall
be included as appendices to the draft report.
6.2 The CONSULTANT shall meet with the CITY to discuss the draft technical evaluation in detail.
6.3 The CITY shall provide the CONSULT) NT with written comments to the draft technical
evaluation within ten(10)business days of the draft submission.
6.4 The CONSULTANT shall incorporate the CITY'S comments into a final technical evaluation and
provide the CITY with and original and the number of copies defined in Item C,Task 6.0.
ITEM C: DELIVERABLES
The CONSULTANT shall deliver the following; Items to the CITY as a part of this Consultant
Agreement:,
TASK 1.0 Site visit summary report-(2) 8-1/2"x11 electronic copy in .pdf format
Project schedule-MS Project or compatible electronic copy in .pdf format
TASK 2.0 Site test field report-8-1/2"x11 electronic copy in .pdf format
TASK 3.0 Site test field report-8-1/2"x11 electronic copy in.pdf format
TASK 4.0 Site test field report-8-1/2"x11 electronic copy in.pdf format
TASK 5.0 Site test field report-8-1/2"x11 electronic copy in .pdf format
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TASK 6.0 Draft technical evaluation-8-1/2"x11 electronic copy in .pdf format
Final technical evaluation-One,(]) original wet signed and ten (10)each 8-1/2"x11
bound hard copies and one (1)electronic copy in .pdf format,
ITEM D: SCHEDULE OF PERFORMANCE.
All work under this Consultant Agreement shall be completed by April 30, 2014
DELIVERY SCHEDULE
The task deliverables in Item C shall be received by the CITY as indicated below:
TASK 1.0 Site investigation field reports March 19, 2014
Project schedule March 12,2014
TASK 2.0 Site test field report-Pump and fill systems 5 business days after field test
TASK 3.0 Site test field report-Pond basin integrity 5 business days after field test
TASK 4.0 Site test field report-Return channel integrity 5 business days after field test
TASK 5.0 Site test-field report-Drain system. 5 business days after field test
TASK 6.0 Draft technical evaluation 10 business days after final field test
Final technical evaluation 5 business days after receipt of City
draft comments
ITEM E: COMPENSATION
A. Base Compensation
The base compensation for this Consultant agreement shall not exceed thirteen thousand dollars
($13,000.00). 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
There are no reimbursable expenses in this Consultant Agreement
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C. Additional Services.
The CITY, at it's sole discretion, may request additonal CONSULTANT services not identified
in Item B, Tasks 1-6.The CITY shall make a written request for specific services and the
CONSULTANT shall provide a fee proposal.
Each Additional Services proposal shall be separately negotiated and paid either on a lump sum
or time and material basis using the at.the rates identified below. The CONSULTANT shall not
perform any proposed additional services without prior written authorization of the CITY.
The CITY provides a sum of one thousand five hundred dollars($1,500.) for Additional Services
not identified in ATTACHEMENT A as a part of this contract.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 according to the
compensation schedule identified in the authroized Additonal Services addendum to this
contract. CONSULTANT hourly rate schedule shown belowshall remain in effect for the full
term of the contract.
Schedule of hourly Direct Labor Rates for Additional Services
Project Manager $210
Project Engineer $135
Assistant Engineer $100
D. Maximum Compensation
The maximum compensation for the Consultant agreement is fourteen thousand five
hundred dollars ($14,500.00 . 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.
END OF ATTACHMENT
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