14-090 Callander associates Landscape Architecture, Inc for the Sports Center Sport Court Design and Construction Documents 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
April 22, 2015
Callander Associates
311 Seventh Avenue
San Mateo, CA 94401
Re: 2nd 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, �f
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
t
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
D CALLANDER ASSOCIATES FOR CONSULTANT SERVICES FOR CUPER
SPORTS CENTER SPORTS COURT PROJECT.,P.O.No.00058447
This 211D Amendment to the Consultant Services Agreement between the City of
Cupertino and Callander Associates, for reference dated May 23, 2014, is by and between the
CITY OF CUPERTINO, a municipal corporation(hereinafter "City") and Callander Associates, a
California corporation whose address is 311 Seventh Avenue San Mateo,CA 94401, (hereinafter
"Consultant"), and is made with reference to the following:
RECITALS:
A. On May 23, 2014 an agreement was entered into by and between City and Callander
Associates(hereinafter"Agreement").
B. City and Callander 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 4,COMPENSATION TO CONSULTANT:is modified to read:
The maximum compensation to be paid to Consultant under this agreement shall not
exceed one hundred eight thousand Dollars($108,000.00).
5. EXHIBIT A, SECTION 2.0,TASK 3.0,SECTION 3.1.2,is modified to add:
(P) Wall fascia structural drawings, structural calculations, and technical specifications.
7. EXHIBIT C, COMPENSATION, (1) Base Compensation,the first line shall be modified to
read:
The base compensation for this Consultant Agreement shall not exceed one hundred six
thousand two hundred sixty six dollars($106,266.00).
8.EXHIBIT C,COMPENSATION,(2) Fee Budget Schedule shall be modified to read:
The Fee Budget Schedule for this AGREEMENT shall be as follows:
Section 2.0
Task Task Description Task
Compensation
Task#1: Predesign $22,297.
Task#2: Design Development $30,236.
Task#3: Construction Documents $41,296.
Page 1 of 2
Amendment No.2 Callander Associates Agreement
Cupertino Sports Center Sports Court Project
March 31,2015
Task#4: Bid and Award Services $ 3,237.
Task#5: Construction Services $ 9,200.
TOTAL $106,266.
9. EXHIBIT C,COMPENSATION:6).Additional Services:Paragraph 2 shall be modified to read:
This agreement provides a sum of one thousand seven hundred thirty four DOLLARS
($1,73 4.00 for Additional Services not identified in ATTACHEMENT A.The CONSULTANT
shall not perform any additional services that exceed that amount.
10. EXHIBIT C,COMPENSATION:7).Maximum Compensation,shall be modified to read:
The maximum compensation for the entire Consultant agreement is one hundred eight
thousand DOLLARS($108,000.00).
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.
P.O.No.:00058447
IN WITNESS WHEREOF,the parties hereto have caused this modification of Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
Callander Associates: A Municipal Corporation
�.
By:
Timm Borden,Director of Public Works
Title r h G
/ Date r ��
Date
Tax I.D.No.: 94-3349947 APPROVED AS TO FORM:
311 7h Street
San Mateo,CA 94401
(650)375-13130 orade,City Attorney
ATTEST:
Grace Schmidt,City Clerk
ultant comp�ensanznereased$15,000 is
amendment.
x�aAmoun .$ 108,000.00
Account No. : 580-9151-9300
Page 2 of 2
Amendment No.2 Callander Associates Agreement
Cupertino Sports Center Sports Court Project
March 31,2015
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
February_12, 2015
Callander Associates
311 Seventh Avenue
San Mateo, CA 94401
RE: Agreement
Enclosed for your records is a fully executed original copy of your agreement with the
City of Cupertino. Also enclosed is a fully executed original copy of the first amendment
to your agreement with the City related to the Sports Center sports court project. If you
have any questions, please contact the Public Works Department at (408) 777-3354.
Sincerely,
Dorothy Steenfott
Senior Office Assistant
cc: Public Works
Enclosure
✓, S1�3
FIRST AMENDMENT TO A T BETWEEN THE CITY OF
CUPERTINO AND CALLANDER ASSOCIATES FOR CONSULTANT SERVICES
FOR CUPERTINO SPORTS CENTER SPORTS COURT PROJECT., P.O. No. 00058447
V_,�v`-=,'i
This 1st Amendment to the Consultant Services Agreement betwe
Cupertino and Callander Associates, for reference dated May 23, 2014, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and
Callander Associates, a California corporation whose address is 311 Seventh Avenue
San Mateo, CA 94401, (hereinafter "Consultant"), and is made with reference to the
following:
RECITALS:
A. On May 23, 2014 an agreement was entered into by and between City and
Callander Associates (hereinafter "Agreement").
B. City and Callander 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 December 31, 2015, unless terminated earlier as set forth herein.
2. Paragraph 4, COMPENSATION TO CONSULTANT: is modified to read:
The maximum compensation to be paid to Consultant under this agreement shall not
exceed ninety three thousand Dollars ($93,000.00).
3. EXHIBIT A, SCOPE OF SERVICES is modified to read: Cupertino Sports Center Sports
Courts Design, Renovation, and Construction
4. EXHIBIT A, SECTION 1.0, GENERAL is modified to read:
1.1 Project Description: The CONSULTANT shall produce design and construction
documents for the design, resurfacing, and construction of a multi -use sports court, five
existing tennis courts, court lighting for two tennis courts and one sports court, and
retaining wall sports fascia at the Cupertino Sports Center.
1.2 Project Construction Budget: The amount available for project construction, excluding
Consultant compensation, is $705,000 including contingencies for design, bidding, and
price escalation.
5. EXHIBIT A, SECTION 2.0, TASK 3.0, SECTION 3.1.2, (G) is modified to read:
G. Site Construction Plan (two to four sheets)
Page 1 of 3
Amendment No. 1 Callander Associates Agreement
Cupertino Sports Center Sports Court Project
December 1, 2014
1) Sports Court layout plan.
2) Basketball court layouts and standard locations.
3) Perimeter fencing with practice wall locations.
4) Electrical conduit location for light standards.
5) Lighting standard locations.
6) Tennis courts resurfacing and restriping plan.
7) Retaining wall fascia plan, elevation, and sections.
6. EXHIBIT B, Schedule of Performance, the first line shall also be modified to read:
CONSULTANT shall complete all work by December 31, 2015.
7. EXHIBIT C, COMPENSATION, (1) Base Compensation, the first line shall be modified to
read:
The base compensation for this Consultant Agreement shall not exceed ninety thousand
seven hundred ninety dollars ($90,790.00).
8. EXHIBIT C, COMPENSATION, (2) Fee Budget Schedule shall be modified to read:
The Fee Budget Schedule for this AGREEMENT shall be as follows:
Section 2.0
Task Task Description Task
Compensation
Task #1: Predesign $19,117.
Task #2: Design Development $ 28,796.
Task #3: Construction Documents $ 32,060.
Task #4: Bid and Award Services $ 3,237.
Task #5: Construction Services $ 7,580.
TOTAL $ 90,790.
9. EXHIBIT C, COMPENSATION: 6). Additional Services: Paragraph 2 shall be modified to read:
This agreement provides a sum of two thousand two hundred ten DOLLARS ($2,210.00)_ for
Additional Services not identified in ATTACHEMENT A. The CONSULTANT shall not
perform any additional services that exceed that amount.
10. EXHIBIT C, COMPENSATION: 7). Maximum Compensation, shall be modified to read:
The maximum compensation for the entire Consultant agreement is ninety three
thousand DOLLARS ($93,000.00)
Page 2 of 3
Amendment No. 1 Callander Associates Agreement
Cupertino Sports Center Sports Court Project
December 1, 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.
P.O. No.: 00058447
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
Callander Associates:
By:
Title r" r
Date
CITY OF CUPERTINO
A Municipal Corporation
imm Borden, Director of Public Works
Date 12 - --
Tax I.D. No.: 94-3349947 APPROVED AS TO FORM:
311711, Street
San Mateo, CA 94401
(650) 375-1359 Carol Korade, City Attorney
A ST:
lZ-(S
Grace Schmidt, City Clerk
Consultant compensation increased $47,000 by this
amendment.
Contract Amount: $ 93,000.00
Account No.: 580-9151-9300
Page 3 of 3
Amendment No.1 Callander Associates Agreement
Cupertino Sports Center Sports Court Project
December 1, 2014
June 6, 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.cupertino.org
Callander Associates Landscape Architecture, Inc.,
311 Seventh Ave.
San Mateo, CA 94401
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 CITY OF CUPERTINO AND CALLANDER ASSOCIATES
LANDSCAPE ARCHITECURE, INC. FOR CONSULTANT SERVICES FOR THE CUPERTINO
SPORTS CENTER SPORT COURT DESIGN AND CONSTRUCTION DOCUMENTS
THIS AGREEMENT, for reference dated May'23, 2014 is by and between CITY OF CUPERTINO,
a municipal corporation (hereinafter referred to as "City"), and Callander Associates Landscape
Architecture, Inc., a California corporation, whose address is 311 Seventh Ave, San Mateo CA 94401,
(hereinafter referred to as "Consultant"), and is made with reference to the following: V pj>3
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 a professional services agreement for Cupertino
Sports Court design and construction documents 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 March 31, 2015, unless terminated earlie:r 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.
3. SCHEDULE OF PERFORMANCE:
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 CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall not exceed
forty six thousand Dollars ($46,000.00). The rate of payment is set out in Exhibit C, titled
"Compensation", which is attached hereto and incorporated herein.
CSC Sports Court Page :I of 9 May 23, 2014
Callander Associates
City of Cupertino
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 e,;sence regarding the performance of this
Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services herelmder 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.
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 (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.
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 Tensen, Contract Manager, 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
CSC Sports Court Page 2 of 9 May 23, 2014
Callander Associates
City of Cupertino
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 David
T?ihin
11. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil. Code Section 2782.8.
1. 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 whatsoever against any of them, including any injury to or death of any person or
damage to property or other liability of any Mature, 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.
2. Notwithstanding the :Foregoing, the Consultant has no duty to provide or
to pay for an up -front defense against unproven claims or allegations, but shall pay or reimburse
the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation to the extent mused by the negligence, recklessness, or willful
misconduct of Consultant or its employees, officers, officials, agents or independent contractors.
However, the Consultant shall provide its immediate and active cooperation and assistance to the
City, at no additional cost to the City, in analyzing, defending, and resolving such claims.
B. Claims for Other Liability. For all liabilities other than those included within
paragraph A. above, Consultant shall, to the fullest extent allowed by law, indemnify, defend,
and hold harmless the City and its officers, officials, agents, employees and volunteers against
any and all liability, claims, actions, causes of action or demands whatsoever 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 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. 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.
C. Claims involving intellectual prol►e�. In addition to the obligations set forth in (A)
and (B) 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
CSC Sports Court Page 3 of 9 May 23, 2014
Callander Associates
City of Cupertino
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, 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 before the expiration date thereof, the insurer affording
coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, 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 authorized to do insurance business in the State of California.
Endorsements naming the City as additional insured ba relation to the commercial general liability and
commercial automobile liability policies 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
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 considerE!d equivalent to the required minimum limits
shown above.
(3) Automotive:
Commercial 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 accident
(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 per claim
and in the aggregate.
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 commercial general and automotive liability vasurance, Consultant shall look solely to his/her
insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing commercial
general and automotive liability insurance to either Consultant or City with respect to the services of
CSC Sports Court Page 4 of 9 May 23, 2014
Callander Associates
City of Cupertino
Consultant herein, a waiver of any right to subr.ogatiorn 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 commission;, officers, employees and volunteers shall be
named as an additional insured under all insurance coverages, except any worker's compensation and
professional liability insurance, required by this Agreement. 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 E), 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.
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.
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.
CSC Sports Court Page 5 of 9 May 23, 2014
Callander Associates
City of Cupertino
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 oil services hereunder.
17. OWNERSHIP OF WORK:
A. Any interest (including copyright interests) of Consultant and its subconsultants in each
and every study, document, report, draft, memoranda, work product, map, record, plan, drawing,
specification and other deliverable, in any medium prepared or created by Consultant or its
subconsultants pursuant to or in connection with this Agreement, shall be the exclusive property of City.
To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this
Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City.
In the event that it is ever determined that any works prepared or created by Consultant or any
subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to
City all copyrights to such works when and as created. With Owner's prior written approval, Consultant
may retain and use copies of such works for reference ,uZd as documentation of its experience and
capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant
may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in
connection with the Project.
B. Without limiting any other City right to any of the works prepared or created by
Consultant or its subconsultants, all works 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. Any City reuse of works shall be subject to California Business and Professions Code
Sections 5536.25, 6735, 6735.3 or 6735.4, if and to the extent applicable. Any City reuse of works for any
purpose other than those in B(1) through B(3) above, and any modifications to any of the works, shall be
at City's sole risk and expense.
D. Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
E. All written work required to be provided by this Agreement (other than large-scale
architectural plans and similar items) shall be printed on recycled paper and shall be copied on both sides
of the paper except for one original, which shall be single sided.
F. No work, information or other data given to or prepared created or assembled by
Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any
individual or organization by Consultant or any subconsultant without prior approval by City.
G. Electronic and hard copies of Consult<<nt's work product shall constitute the Project
deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word
and PDF formats.
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 representative, of City or its designees at all proper times, and
CSC Sports Court Page 6 of 9 May 23, 2014
Callander Associates
City of Cupertino
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 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 intE!rnal 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.
at:
All notices, demands, requests, or approvals from Consultant to City shall be addressed to City
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Katy Jensen, Contract Manager
All notices, demands, requests, or approvals from City to Consultant shall be addressed to
Consultant at:
Callander Associates
Landscape Architecture; Inc.
311 Seventh Avenue
San Mateo, CA 94401
Attention: A. Mark Slichter, Principal
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
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.
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City of Cupertino
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.
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 ora 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.
25. 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.
26. 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.
27. 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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Callander Associates
City of Cupertino
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed:
CONSULTANT
CITY OF CUPERTINO
Callander Associates Landscape Architecture Inc. A Municipal Cor oration
By: �-- B)''
Name: ic, Tim_
B den, Director of Public Works
Title: r i c--
Date: • 'LG
Tax I.D. No.: — 3399 7 Al?PROVED AS TO FORM:
Address: 311 Seventh Ave
San Mateo CA 94401
Carol Korade, City Attorney
-( �-
ATTEST:
4::�r Grace Schmidt, City CYerk
Contract Amount: M100040
Account #: G%0 - ! SI d 41 3a
< �/r /_1 �t-
CSC Sports Court Page 9 of 9 May 23, 2014
Callander Associates
City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
The CONSULTANT shall perform professional services as detailed in the following sections to
produce design and construction documents for a view sports court at the Cupertino Sports
Center.
SECTION 1.0 GENERAL
1.1 Project Description: The CONSULTANT shall produce design and construction
documents necessary for the construction of a sports court at the Cupertino Sports
Center.
1.2 Project Construction Budget: The amount available for project construction, excluding
Consultant compensation, is $160,000 including contingencies for design, bidding, and
price escalation.
1.3 The CONSULTANT shall provide all services necessary required to complete the tasks
identified in the Scope of Services. The performance of all services by CONSULTANT
shall be to the satisfaction of the CITY, according to the project scope of services and the
standard of care provisions contained in this AGREEMENT.
1.4 The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. The CONSULTANT shall receive project direction only from the CITY's
Director of Public Works or their authorized designee (hereinafter collectively "CITY").
The CITY shall resolve conflicting direction from other groups, departments or agencies.
1.5 The CONSULTANT shall coordinate the project scope of services with the CITY, other
CITY consultants, contractors or agencies as needed or directed by the CITY.
1.6 The CONSULTANT shall manage and administer all sub consultants used in completion
of the project scope of services.
1.7 Estimate of Probable Construction Cost:
A) The CONSULTANT shall design the PROJECT so the Estimate of Probable
Construction Cost is less or equal to the :Project Construction Budget in 1.2 above.
B) The CONSULTANT, in consultation with the CITY, shall (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
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
(b) make reasonable adjustments and/or to value engineer various items in all
Estimates of Probable Construction cosi' submitted in conjunction with the PROJECT.
C) The CONSULTANT shall update the Estimate of Probable Construction Cost with
each project milestone and clearly identify all changes from the previous estimate.
D) 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.
E) If, at any time prior to bid, the Estimate of Probable Construction Cost exceeds the
Construction Budget identified in 1.2 above, the CONSULTANT shall revise the
design and/or Construction Documents at no additional cost to the CITY. It is
understood that reductions in scope may be required to meet the Construction
budget, and the CITY shall not unreaso)lably withhold permission for project scope
reductions to meet the construction budget. However, all scope and quality changes
shall be made in writing and approved by the CITY, in advance.
F) Any program, design, or budget changes initiated and authorized in writing by the
CITY and beyond the CONSULTANT's control that require a revision to the Estimate
of Probable Construction Cost to meet the Construction Budget in 1.2 shall be
considered Additional Services as noted in EXHIBIT C of this AGREEMENT
G) If the lowest responsive contractor bid Exceeds the Construction Budget in 1.2 by
more than fifteen percent (15%), CONSULTANT shall, without additional cost to
the City, and only by advance, written city direction, revise the Construction Bid
Documents to align the construction coats with the Construction Budget. The CITY
acknowledges that the CONSULTANT does not control market conditions and
agrees that reductions in scope may be necessary to meet the CITY's construction
budget.
1.8 CONSULTANT shall assist the CITY with failing permit documents required by
governmental authorities having jurisdiction over the PROJECT, including the CITY's
Building Department, if required.
1.9 Deliverables identified in each Task provide the basis for fee compensation. Any
deficiencies in the minimum work items identified shall cause the CITY to reject the
entire submission, require the CONSULTANT to make appropriate corrections, and
resubmit, at no cost to the CITY. Earned value for submissions according to the
EXHIBIT C, Compensation Schedule shall not be considered until the Task
Deliverables are accepted by the CITY.
CSC Sports Court EXHIBIT A May 23, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
SECTION 2.0. SCOPE OF SERVICES
TASK 1.0 PREDESIGN ACTIVITIES -PROJECT DATA
1.1 The CONSULTANT shall review all existing project data available from the City. The
CONSULTANT shall evaluate the adequacy of the existing data and prepare a summary
memo.
1.2 The CONSULTANT shall prepare a topographic survey of the project site for use as the
project base information. The topographic survey shall indicate one foot contour
intervals, existing tree locations and sizes, surface and subsurface utility information
based on information available from the City, and other existing site features.
1.3 The CONSULTANT shall use a geotechnical engineer to conduct exploratory soil
borings at two (2) locations on the site to determine the subsurface soil conditions and
make recommendations for development of the site as a sport court including suitability
for future lighting standards, court chain link fencing, court surfacing, and other court
program elements identified by the City.
1.4 The CONSULTANT shall thoroughly investigate, document, and become familiar with
the site prior to meeting with the City.
Task 1.0 DEVLIVERABLES:
1.1 Project Data Summary Memo
1.2 Site topographic survey
1.3 Site Geotechnical report
End of Task 1.0
TASK 2.0: DESIGN DEVELOPMENT
2.1 The CONSULTANT shall meet with the Cit; Parks and Recreation Department to
finalize the project program and discuss project details and schedule. The
CONSULTANT shall provide a written meeting summary to the CITY within five (5)
business days. '
2.2 The CONSULTANT shall provide the CITY with a draft project schedule within five (5)
business days of the CITY'S Notice to Proceed. The draft schedule shall be compatible
with the MS Project platform, contain all project milestones, and identify the project
specific critical path elements. The CITY shall review the schedule and provide written
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
comments regarding the proposed schedule components within five (5) business days of
receipt.
2.3 The CONSULTANT shall incorporate the City comments into the schedule and submit
a final project baseline schedule to the CITY for approval within five (5) business days
after receipt of the comments. The CITY shell provide the CONSULTANT with written
approval of the baseline project schedule within five (5) days of the final baseline
schedule receipt.
2.4 The CONSULTANT shall provide the CITY with written project schedule updates as
changes occur that impact the baseline project delivery date, provide assessment of the
schedule impact, and identify schedule recovery options. The City shall approve all
changes to the baseline schedule in writing prior to the change.
2.5 The CONSULTANT shall utilize the site and program data obtained from the City by
the site investigation to prepare a color rendered design development plan at 3/16 inch
scale that includes the City's program elements and addresses the site conditions.
The CONSULTANT shall provide information on proposed materials, including but not
limited to court surfacing, striping, basketball standards, practice wall, chain link fence,
windscreens, and other program elements.
The CONSULTANT shall develop an Estimate of Probable Construction Cost for the
design development plan.
2.6 The CONSULTANT shall meet with City staff to discuss the design plan, proposed
materials, and cost estimate. The City shall provide comments on the design and
direction proceed with the Construction Document phase if satisfied with the design
and cost information.
TASK 2.0 DEVLIVERABLES:
2.1 Meeting agenda and summary (electronic .pdf)
2.2 Draft baseline schedule (electronic .pdf)
2.3 Final baseline schedule (electronic .pdf)
2.4 Schedule updates (electronic .pdf)
2.5 Color rendered Sport Court Design Development Plan, and proposed materials (original
drawing, cut sheet copies, and electronic pdf files,)
2.6 Estimate of Probable Construction Cost (ele(,tronic .pdf)
2.7 Meeting agenda and summary (electronic .pdf)
End of Task 2.0
CSC Sports Court EXHIBIT A May 23, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
TASK 3.0 SPORT COURT CONSTRUCTION DOCUMENTS
Task 3.10 65% Sport Court Construction Document Package
3.1.1 The CONSULTANT shall use the CITY direction from Task 2.6 as the basis for the 65%
Sport Court Construction Document package.
3.1.2 The CONSULTANT shall submit a 65% Sport Court Construction Document
package to the CITY for review that includes the following, at a minimum:
A. Title Sheet (one sheet)
B. Site plan with existing conditions (one sheet)
C. Erosion Control Plan (one sheet)
D. Best Management Practices (BMP) (City provided)
E. Demolition Plan (one sheet)
F. Grading and drainage plan ( one sheet)
1) Existing and prOF'osed grades
2) Critical spot elevations
3) Proposed drainage structures
G. Site Construction Plan (one sheet)
1) Court layout plan
2) Basketball court layouts and standard locations
3) Perimeter fencing with practice wall locations
4) Electrical conduit schematic location for future light standards
H. Landscape plan (one sheet)
I. Irrigation plan (one sheet)
J. Draft construction details, (two to three sheets)
K. List of structural details
L. Draft Technical specification.
M. Draft Contract specifications, bid form (utilizing City of Cupertino
.standard boilerplate and Standard Specifications as applicable)
N. Manufacturer's catalog crit sheets, samples, and other material
information.
O. 65% Estimate of Probable Construction Cost
All plan set submissions shall be on 22" x 34" for full size and 11" x 17" scalable at 50%
and electronic copies in pdf format.
3.1.3 The CITY shall review the 65% Sports Court Construction Document package and
provide written comments within ten (10) working days of the submission.
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
3.1.4 The CONSULTANT shall meet with thE! City to discuss the review comments and
provide a written meeting summary wii'.hin five (5) business days.
Task 3.10 Deliverables:
3.1.2 65% Sport Court Construction package as defined. Five (5) bound copies and
one electronic pdf file.
3.1.4 Meeting summary (electronic .pdf)
Task 3.20 95% Sport Court Construction Document Package
3.2.1 The CONSULTANT shall incorporate CITY comments from 3.1.4 into a 95% Sport
Court Construction Document package and submit it to the City for review. The 95%
package shall consist of all construction drawings, details, technical specifications,
structural calculations, material call outs, bid documents and forms necessary to
publicly bid the project in the City of Cupertino and a 95% Estimate of Probable
Construction Cost. Additionally, the Consultant shall incorporate, "Add or Deduct
Alternate" bid elements into the bid documents for project bid and award flexibility.
All documents shall be ready for public bid with the exception of minor corrections
and final wet seals.
3.2.2 The CITY shall provide written comments on the 95% Construction Document
package submission and Estimate of Probable Construction Cost within ten (10)
business days.
3.2.3 The CONSULTANT shall meet with the CITY to discuss the 95% Construction
Document package submission and CITY comments.
Task 3.20 Deliverables:
3.2.1 95% Sport Court Construction Document package all necessary documents for
public bid. (Five (5) hardcopies and one (1) electronic pdf)
3.2.3 Meeting summary (electronic pdf)
Task 3.30 100% Construction Bid Document Package
3.3.1 The CONSULTANT shall incorporate the CITY comments from 3.2.3 into a 100% Sport
Court Construction Bid Document package and submit it to the CITY. The submission
shall be include (1) original set of drawings and specifications wet signed by all
licensed professional disciplines and suitable for reproduction, (2) an original 100
Estimate of Probable Construction Cost .old (3) electronic pdf copies of (1) and (2).
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
3.3.2 The CONSULTANT shall submit a project data archive record consisting of all
information, meeting summaries, drawings, communication, and other data used in
the project development including City provided information. The Project Archive
shall be on an archive quality electronic media CD or DVD ROM in pdf format.
Task 3.30 Deliverables:
3.3.1 100% Bid Document Package (One (1) original wet signed set suitable for reproduction
and one (1) electronic copy pdf.)
3.3.2 Project Archive (One (1) project data file on. archive quality electronic media, CD or
DVD ROM in pdf format)
End of Task 3.0
TASK 4.0 BID AND AWARD SERVICES
Task 4.1 The CONSULTANT shall assist the City during the construction contract bid and
award process by reviewing bidder questions relative to the plans and technical
specifications and suggesting answers to the questions.
Task 4.2 The CONSULTANT shall assist the City in preparing bid addenda where
clarification of the plans and technical specifications is necessary.
Task 4.0 Deliverables:
4.1 Bidder question response (as required). One: (1) electronic copy pdf.
4.2 Bid addenda content (as required). One (1) electronic copy pdf.
End of Task 4.0
TASK 5.00 CONSTRUCTION SERVICES
Task 5.1 The CONSULTANT shall assist the City in reviewing contractor submittals for
conformance with the project plans and specifications and evaluating proposed
substitutions by providing a written response and submitting to the City for
review.
Task 5.2 The CONSULTANT shall assist the City in answering contractor requests for
information (RFI) that concern the project plans and specifications by providing a
written response and submitting to the City for review.
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Cupertino Sports Center Sports Court
Task 5.3 The CONSULTANT shall make three (3) visits to the project construction site,
observe the quality of work and prepare a summary of the observations.
Task 5.00 Deliverables: .
5.1 Submittal review summaries. One (1) electronic copy pdf.
5.2 Request for Information responses (as required). One (1) electronic copy pdf.
5.3 Construction observation summaries. One (1) each electronic copy pdf.
End of Task 5.0
END OF EXHIBIT A
CSC Sports Court EXHIBIT A May 23, 2014
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City of Cupertino
EXHIBIT B
PERFORMANCE SCHEDULE
All work under this Consultant Agreement shall be completed by March 31, 2015. The task
deliverables identified in EXHIBIT A, shall be received by the CITY as indicated below:
PROJECT DELIVERABLES (BY TASK)
TASK 1.0 PREDESIGN ACTIVITY -Project Data
1.1 Project Data Summary Memorandum
1.2 Topographic survey
1.3 Geotechnical report
TASK 2.0 DESIGN DEVELOPMENT
2.1 Meeting agenda and summary
2.2 Draft project schedule
2.3 Final project baseline schedule
2.4 Baseline schedule update
2.5 Color design development plan and estimate
2.6 Meeting agenda and summary
DELIVERY SCHEDULE
Five (5) business days after NTP
Fifteen (15) business days after NTP
Twenty (20) business days after NTP
Five (5) business days prior to and
after meeting
Five (5 business days after 2.1
Five (5) business days after 2.2
Three (3) business days after City
approved change to the baseline
schedule
Fifteen (15) business days after 2.1
Five (5) business days prior to and
after meeting
TASK 3.0 SPORT COURT CONSTRUCTION DOCUMENTS
Task 3.10 Deliverables:
3.1.2 65% Construction Document package
3.1.4 Meeting summary
Task 3.20 Deliverables:
3.2.1 95% Construction Document Package
3.2.3 Meeting summary
Task 3.30 Deliverables:
3.3.1 100% Construction Document Package
3.3.2 Project archive
Twenty (20) business days after 2.6
Five (5) business days after 3.1.4
Twenty (20) business days after 3.1.4
Five (5) business days after 3.2.3
Ten (10) business days after 3.3.1
Five (5) business days after 3.1.5
CSC Sports Court EXHIBIT B May 23, 2014
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City of Cupertino
EXHIBIT B
PERFORMANCE SCHEDULE
TASK 4.0 BID AND AWARD SERVICES
Task 4.0 Deliverables:
4.1 Bidder question response (as required).
4.2 Bid addenda content (as required).
TASK 5.0 CONSTRUCTION SERVICES
Task 5.0 Deliverables:
One (1) business day after receipt
One (1) business day after receipt
5.1 Submittal review summaries. Five (5) business days after receipt
5.2 Request for Information responses (as required). Three (3) business days after receipt
5.3 Construction observation summaries. Five (5) business days after site visit
END OF EXHIBIT B
CSC Sports Court EXHIBIT B May 23, 2014
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City of Cupertino
EXHIBI r C
COMPENSATION
1) Base Compensation
The base compensation for this Consultant agreement shall not exceed for1y five
thousand DOLLARS ($45,000.00). Any work performed in Section 2.0, Scope of Services,
which exceeds the base compensation amount shall be at no cost to the CITY.
2) Fee Budget Schedule
The Fee Budget Schedule for this AGREEMENT shall be as follows:
Section 2.0
Task
Task Description
Task
Compensation
Task #1:
Predesign
$ 13,800.
Task #2:
Design Development
$ 9,400.
Task #3:
Construction Documents
$ 16,100.
Task #4:
Bid and Award Services
$ 1,700.
Task #5:
Construction Services
$ 4,000.
TOTAL $ 45,000.
The CONSULTANT shall not exceed the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve budget transfer amounts between
Tasks listed above provided the base AGREEMENT compensation amount does not exceed fg1ty
five thousand DOLLARS ($45,000).
3). Payment Schedule
The Payment Schedule for this AGREEMENT shall! be as follows:
MILESTONE PERCENT OF TASK
TASK COMPENSATION
Task #1 - Predesign Activities
a. Draft Schedule/Data summary merno 20%
b. Final Baseline Schedule 60%
c. Schedule updates 20%
Task #2 - Design Development
a. Color Design Development Plan and Estimate 50%
CSC Sports Court EXHIBIT C May 23, 2014
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City of Cupertino
EXHIBIT C
COMPENSATION
b. City Design Development Approval 50%
Task #3 — Construction Documents
a. (65%) Submittal Approved 30%
b. (95%) Submittal Approved 40%
c. (100%) Submittal Approved 30%
20%
Task #4 Bid and Award Services
a. Bidder question response 50%
b. Bidder addenda response 50%
Task #5 Construction Services
a. Submittal summaries 40%
b. Request for Information responses 40%
c. Site observation summaries 20%
The CONSULTANT may invoice according to the budget schedule only after the CITY provides
written approval for the Task deliverables identified in Item C.
4). Sub consultant Services.
The CONSULTANT is directly responsible for all SUBCONSULTANT payments. All
SUBCONSULTANT compensation is included in the above Budget and shall be invoiced by the
CONSULTANT as part of the Section 2, Scope of Services, Base Compensation.
5). Reimbursable Expenses:
There are no reimbursable expenses in this Agreement.
6). Additional Services:
The CITY may request, in writing, additional CONSULTANT services not identified in Item B, Tasks 1-
3. The CONSULTANT shall provide a written fee proposal and obtain the City's written authorization
prior to performing any additional services.
This agreement provides a sum of one thousand DOLLARS ($1,000.00) for Additional Services not
identified in ATTACHEMENT A. The CONSULTANT shall not perform any additional services that
exceed that amount.
Each Additional Services proposal shall be separately negotiated, in advance, and paid either on
a lump sum or time and material basis as authorized by the CITY. The CONSULTANT shall use
the billing rates below throughout the term of this agreement for time and material proposals.
The CONSULTANT shall invoice for authorized Additional Services performed the
previous month according to the compensation schedule identified in the agreement
addendum.
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City of Cupertino
EXHIBIT C
COMPENSATION
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Senior Principal
$222/hour
Comlructaon Manager$135fhovr
Priinci"Pol
$172/hour
Assistant 1
$125/hour
Assoclate 1
$1 Whcur
Assistant 2
$1191hom
Associate 2
$154/hour
Assistant 3
$107/hour
Associate 3
$M/hour
Assistant 4
$98f hair
Project Manager I
$1541hour
Assistant 5
$67/hour
Project Manager 2
$138/hour
Assistant 6
$791haur
Project Manager 3
$133/hour
Word Procesur
$100fhour
Project Manager 4
$125/hour
Accounting
$1 obfhour
Project Manager 5
$1191hour
7). Maximum Compensation
The maximum compensation for the entire Consultant agreement is forty six
thousand DOLLARS ($46,000.00)Any hours worked for which payment would
result in a total exceeding the maximum arnount of compensation shall be at no cost to
the CITY.
END OF EXHIBIT C
CSC Sports Court EXHIBIT C May 23, 2014
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City of Cupertino