16-044 Underwood & Rosenblum Inc., Consultant Services for the McClellan Ranch West Parking Lot Improvement ProjectAGREEMENT BETWEEN THE CITY OF CUPERTINO AND UNDERWOOD
& ROSENBLUM, INC. FOR CONSULTANT SERVICES FOR THE
McCLELLAN RANCH WEST PARKING LOT IMPROVEMENT PROJECT
THIS AGREEMENT, for reference dated M ~ i 2016, is by and
between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
as "City"), and UNDERWOOD & ROSENBLUM, INC., a California corporation,
whose address is 1630 Oakland Rd., Ste. A114, San Jose, CA 95131 (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
environmental consulting services 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 December 31, 2016, unless terminated earlier as
set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A",
titled "Scope of Services" which is attached hereto and incorporated herein by
this reference.
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3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto
and incorporated herein by this reference.
4. COMPENSATION TO CONSUL TANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed TWENTY-THREE THOUSAND ($ 23,000). 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.
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 employ ed by the City nor have any
contractual relationship with City .
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 Cons ultant. Payments of the above items, if required, are the responsibility of
Consultant.
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8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
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. Alex Acenas is hereby designated as the
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 Frank Rosenblum.
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
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McClellan Ranch West Parking Lot Improvement
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, 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
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
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, that arise out of,
pertain to, or relate 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.
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 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.
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Agreement -Underwood & Rosenblum, Inc.
McClellan Ranch West Parking Lot Improvement
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
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 in
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 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. FAIL URE 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
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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 governmental 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
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.
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McClellan Ranch West Parking Lot Improvement
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 co-tenancy, 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 carried 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
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 m
execution or implementation of:
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McClellan Ranch West Parking Lot Improvement
(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 to 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
make transcripts therefrom 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
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Agreement -Underwood & Ro senblum, Inc.
McClellan Ranch West Parking Lot Improvement
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
Attention: Alex Acenas, PW Project Manager
10300 Torre Ave.
Cupertino CA 95014
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Underwood & Rosenblum, Inc.
Attn: Frank Rosenblum
1630 Oakland Rd., Ste. A114
San Jose, CA 95131
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 termination of this Agreement, each party
shall pay to the other party that portion of compensation specified in this
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McClellan Ranch West Parking Lot Improvement
/
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. Consultant shall comply with all provisions oflaw
relating to the payment of prevailing wage, to the
22. CONFLICT OF LAW: extent applicable. @
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 r1'Jl /
author~t~es having jurisdiction over this Agreement (or the successors of those -[~-
authonties.) ~
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.
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 tenn, 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 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.
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McClellan Ra11ch West Parking Lot Improvement
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. 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.
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Agreement -Underwood & Rosenblum, Inc.
McClellan Ranch West Parking Lot Improvement
P.O. No.: Jh?t (Q -5f ~
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Name FrP.nk Rose.nb !\A.~
Title Pre~t-de,,,f-
Date &/,.,.erb CZ 2-tJ,,
Taxl.D.No.: 94-ZS"Jl/9'/
CITY OF CUPERTINO
A Municipal Corporation
By~~-
Timm Borden, Director of Public Works
Date~fo---:1/~f ~__,_/_/~--
APPROVED AS TO FORM:
Addr ess: /630 ()p.ft_/,.nJ PJ ~/l't
Sci.!'.!. 3rire1 C& '19V ~~
~tevenson Hom, City Attorney
ATTEST:
Contract Amount: $&:(5f!0 / 2.3, 0 ()0
PA·
Account No.: 100-82-806-700-702-MRW 002-02-02
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Agreement -Underwood & Ro senblum, Inc.
McClellan Ranch Wes t Parking Lo t Improvement
EXHIBIT A
SCOPE OF SERVICES
CONSULT ANT shall perform professional services as detailed in the following sections related
to the McClellan Ranch West Parking Lot Improvement Project located at 22241 McClellan Rd.,
Cupertino.
SECTION 1. GENERAL
A. General PROJECT Description: The PROJECT involves providing Design and
Construction Support services in connection with the parking lot improvement project at
the vacant space at McClellan Ranch West delineated in Fig. 1. The parking lot shall
incorporate Low Impact Development (LID) design practices, using permeable
pavement and storm water infiltration and detention. Lighting may be developed using
solar powered parking lot light poles. Landscape features may also be incorporated such
as outdoor p rogramming spaces with site furnishings and seat walls.
Fig . 1 -1.._i~t of Work
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Underwood & Rosenblum, Inc. Agreement
Des ign and Construction Support Services for the McClellan Ranch Wes t Parking Lot Improvement Project
Exhibits
B. General Performance Requirements:
1. The performance of all services by CONSULT ANT shall be to the satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of Public Works or his/her authorized designee (hereinafter collectively
"CITY") only. The CITY shall resolve any conflicting direction from other
groups, departments or agencies.
3. CONSULT ANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY.
4 . CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B, may be adjusted by mutual
agreement.
5. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT . CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
6 . CONSULT ANT shall submit work products to the CITY, according to SECTION
2 -"TASKS", of this EXHIBIT A for purposes of evaluation and approval by the
CITY. The CITY including the Department of Public Works Engineering and
City Facilities and Department of Parks and Recreation will review the
documents.
7. CONSULT ANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT, including
submitting to the CITY's Building Department for a building permit if required.
C. Estimate of Probable Construction: CONSULTANT shall be responsible to design the
PROJECT and provide an Estimate of Probable Construction Cost consistent with the
following procedures and requirements .
1. CONSULT ANT shall be responsible for designing the PROJECT so that the
Estimate of Probable Construction Cost is less than or equal to the
CONSTRUCTION BUDGET established by the CITY for the PROJECT. The Project
Construction Budget shall be provided by the CONSULT ANT as a summary sheet
with submittal of each required Estimate of Probable Construction Cost, showing
comparisons of cost evolution for the PROJECT. As the design process progresses
CONSULTANT shall update and refine the Estimate of Probable Construction
Cost as required in SECTION 2 -"SCOPE OF SERVICES" of this EXHIBIT A.
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Underwood & Rosenblum, Inc. Agreement
Design and Construction Support Services for the McClellan Ranch West Parking Lot Improvement Project
Exhibits
CONSULTANT shall advise the CITY in writing of any adjustments to previous
Estimates of Probable Construction Cost indicated by changes in PROJECT
requirements or general market conditions .
2. Should the Estimate of Probable Construction Cost exceed the CONSTRUCTION
BUDGET, CONSULTANT shall, during the design phases of the project, revise,
without additional cost to the CITY, the design documents and/or Construction
Documents incorporating scope and quality changes to reduce the estimated
costs for construction, to within the CONSTRUCTION BUDGET.
CONSULTANT shall make changes only as approved by the CITY in writing.
Reductions in scope may be required to meet the CITY's budget, and the CITY
will not unreasonably withhold permission for such reductions in scope in order
for the CONSULTANTS to meet the budget. Notwithstanding the foregoing, to
the extent the Estimate of Probable Construction Cost exceeds the
CONSTRUCTION BUDGET due to any program, design or budget changes,
initiated and authorized by the CITY which are beyond CONSULTANT's
control, any changes required in the design documents, shall be considered as
Additional Services as noted in EXHIBIT C of this AGREEMENT.
3. In preparing the Estimate of Probable Construction Cost, CONSULT ANT, in
consultation with the CITY, shall do each of the following: (a) include
contingencies for design, bidding, and price escalations to determine which
materials, equipment, component systems and type of construction are to be
included in the PROJECT, and (b) make reasonable adjustments and/or to value
engineer various items in all required submittal cost estimates of the PROJECT,
including alternate bids, in order to adjust the estimated construction cost to be
less than or equal to the CONSTRUCTION BUDGET.
4 . If bidding has not commenced within 90 days after CONSULTANT submits the
Construction Documents to the CITY, CONSULTANT shall adjust the Estimate
of Probable Construction Cost to reflect changes in the general level of prices in
the construction industry. This will be an additional service .
5. CONSULT ANT shall identify, develop and incorporate into the Construction
Documents "Add or Deduct Alternate" construction cost elements that may be
chosen to meet the City's budget. Alternates shall be approved by the CITY
before being incorporated into the Construction Documents.
6. Should the lowest responsive bid exceed the CONSTRUCTION BUDGET by
more than ten percent (10%), CONSULTANT shall, if directed by the CITY,
submit without additional cost to the CITY, revised Construction Documents
reflecting changes, approved by the CITY, to reduce the Construction Costs to
within the CONSTRUCTION BUDGET . The CITY acknowledges that the
CONSULTANT does not control market conditions and agrees that they may
allow reductions in scope in order to meet the CITY's construction budget.
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Underwood & Rosenblum, Inc. Agreement
Design and Cons truction Support Services for the McClellan Ranch Wes t Parking Lot Improvement Project
Exhibits
SECTION 2. TASKS
1. Topographic Surveying: CONSULTANT shall conduct a ground topographic survey to
detail the area of work. Field acquired topographic survey shall include the following:
a. Spot elevations across the site at an approximate 50 foot grid and at all grade breaks;
b. Surface visible utilities with invert and flow line data for storm sewers;
c . Trees over 6" in diameter;
d. Fences, gates and walls;
e. Walkways, curbs and pavement edges;
f. Utility boxes, vaults and poles;
g. Visible sprinkler heads and landscape features;
h. Signage and striping.
2 . Design Development: CONSULTANT shall prepare design development level drawings
and specifications to be used for initial project planning and budgeting. Several concepts
may be developed for CITY to review and approve . CONSULTANT shall prepare an
engineer's cost estimate .
3. Construction Documents: After a design i s approved by CITY, CONSULTANT shall prepare
the civil drawings and specifications necessary to construct the work. The work shall be
performed to the standards of CITY. Plans shall be submitted for review and permitting by
CITY . Civil plans and specifications to include:
a. Site demolition and tree protection;
b . Site plan horizontal controls;
c. Site grading, paving and drainage;
d. Storm water management plan;
e . Traffic striping and signage plans;
f. Site hardscape details;
g. Erosion control plan;
h. Technical specification for civil work;
i. Attendance at all project coordination meetings;
J· Engineer's estimates of construction costs .
4. Bidding: Upon completion of construction documents, CONSULTANT shall assist CITY by
attending pre-bid conferences, preparing bid addenda and answering RFI' s .
5 . Construction Administration: CONSULTANT shall provide construction administration
assistance as required for the construction of the project. This work may include issuance of
addenda, review of contractor submittals, review of RFI's and punch list preparation for
completed work. Additional meetings and reports to CITY shall also be included as
necessary .
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Underw ood & Rosenblum, Inc. Agreement
Des ign and Construction Support Services for the McClellan Ranch Wes t Parking Lot Improvement Project
Exhibits
6. Additional Services: Consultant Services beyond the work in the above tasks, such as
landscape design services, may be provided by CONSULT ANT as Additional Services only
if such Additional Services are authorized in writing by the CITY in advance . An
Additional Services allowance in the amount of EIGHT THOUSAND ONE HUNDRED
DOLLARS($ 8,100 .00) is made a part of this agreement. Additional services may be paid
for as a negotiated maximum not to exceed amount or by a time and materials cost
accounting with a maximum not to exceed .
EXHIBITB
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by December 31, 2016.
A. Maximum Compensation.
EXHIBIT C
COMPENSATION
The CITY agrees to compens ate CONSULT ANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and reimbursable expenses, shall not exceed
TWENTY-THREE THOUSAND DOLLARS($ 23,000). CONSULTANT agrees that it shall
perform all of the services set forth in Exhibit A of this AGREEMENT, except for additional
services required pursuant to Section 2, TASKS and inclusive of reimbursable expenses, for the
maximum not to exceed amount of FOURTEEN THOUSAND NINE HUNDRED DOLLARS ($
14,900). The maximum amount of Additional Services authorized under Section G of this
EXHIBIT C is EIGHT THOUSAND ONE HUNDRED DOLLARS($ 8,100).
B. Method of Payment
For the Tasks outlined in Section 2 of Exhibit A, CONSULTANT shall, during the term of this
AGREEMENT, invoice the CITY monthly based upon a percentage of completion of each
milestone set forth below in the Payment Schedule (Schedule D below) for services performed,
and reimbursable expenses incurred if applicable, in completing that milestone under this
AGREEMENT. (Hereinafter "Invoice.") Provided CONSULTANT has completed the services
and incurred the reimbursable expenses covered by the Invoice in accordance with the
provisions of this AGREEMENT, as determined by the CITY, the CITY shall pay
CONSULT ANT the amount shown on the Invoice within thirty (30) working days of receipt of
the Invoice.
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Underwood & Rosenblum, Inc. Agreement
Design and Construction Support Services for the McClellan Ranch West Parking Lot Improvement Project
Exhi bits
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below . CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows :
Task
No.
1
2
3
4
5
Task Description
Topographic Survey
Design Development
Construction Documents
Bidding
Construction Administration
Additional Services
TOTAL
Task
Compensation
$ 3,800
2,400
4,800
900
3,000
8,100
$ 23,000
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY.
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
Milestone
1
2
3
4
Topographic Survey
Design Development
Construction Documents
Bidding
5 Construction Administration
Additional Services
Underwood & Rosenblum, Inc. Agreement
Page 6 of 8
Percent of Task
Compensation Paid
Upon Completion
of Milestone
100%
100%
100%
100%
100%
Paid Pursuant to
Subsection G below
Design and Construction Support Services for the McClellan Ranch West Parking Lot Improvement Project
Exhibits
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSUL TANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULT ANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-5 of EXHIBIT A.
G. 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 forth herein, as authorized by the CITY. The CITY has set
aside the sum of EIGHT THOUSAND ONE HUNDRED DOLLARS($ 8,100) 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.
CONSULT ANT 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 attached to this EXHIBIT C. The rates shown in the
EXHIBIT C-1 sall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C.
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Underwood & Rosenblum, Inc. Agreement
Design and Construction Support Services for the McClellan Ranch West Parking Lot Improvement Project
Exhibits
EXHIBIT C-1
CONSULT ANT HOURLY RA TES FOR ADDITONAL SERVICES
UNDERWOOD & ROSENBLUM, INC.
2016 BILLING RATES
I SERVICE HO URL y RA TE
Principal Engineer $ 200.00
Principal Land Surveyor 200.00
Senior Engineer 175.00
Associate Engineer/Assoc. Land Surveyor 150.00
Assistant Engineer/Surveyor 130.00
Engineering/Surveying Technician 115.00
Senior Drafter-Engineering 105.00
Senior Drafter-Surveying 105.00
Drafter-Engineering 95.00
Drafter-Surveying 95.00
Technician 85.00
Clerical 75.00
1-Person Field Survey 180.00
1-Person Field Survey w/Robotic 220.00
2-Person Field Survey Crew 270.00
2-Person Field Survey w/Robotic 310 .00
3-Person Field Survey Crew 360 .00
3-Person Field Survey w/Robotic 400 .00
Expert Witness Testimony 350.00
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Underwood & Ro s enblum, Inc. Agreement
Design and Construction Support Services for the McClellan Ranch Wes t Parking Lot Improvement Project
Exhibits