14-179 Callander Associates, Consultant Services for Portal Park/Collins School Cricket Batting Cage ProjectOFFICE 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,
t y�
Dorothy Steenfott U
Senior Office Assistant
cc: Public Works
Enclosure
v-si83
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CALLANDER ASSOCIATES
LANDSCAPE ARCHITECURE, INC. FOR CONSULTANT SERVICES FOR THE PORTAL
PARK/COLLINS SCHOOL CRICKET BATTING CAGE PROJECT
THIS AGREEMENT, for reference dated December 5, 2014 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:
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 the Portal
Park/Collins School Cricket Batting Cages 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 October 31, 2015, 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.
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 com enation to be paid to Consultant under this agreement shall not exceed fist
two thousand DOLLARS The rate of payment is set out in Exhibit C, titled "Compensation",
which is attached hereto and incorporated herein.
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Consultant shall furnish to City a detailed statement of the work performed for compensation during the
term of this Agreement. Consultant may submit monthly invoices for interim progress payments during
the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date,
percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this
Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate with the
prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall
be performed by qualified and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
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. PROTECT COORDINATION
CITY:. Director of Public Works shall be representative of City for all purposes under this
Agreement. Katy Tensen, CIP 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.
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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 David
Rubin.
11. HOLD HARMLESS:
A. Indemnity Obligations Subject to Civil Code Section 2782.8.
1. �A.T ere the lave 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 nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers,
officials, agents or independent contractors. Such costs and expenses shall include reasonable
attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Consultant shall not be obligated under this Agreement to indemnify City to the extent that the
damage is caused by the sole or active negligence or willful misconduct of City, its agents or
employees.
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 caused 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 property. 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
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intellectual property rights, including but not limited to copyright or patent rights, is alleged that
arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct
under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of
counsel of City's choice, expert fees and all other costs and fees of litigation.
12.. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall furnish City
with certificates showing the type, amount, 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 in 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) Liabili :
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts
of $1,000,000 will be considered equivalent to the required minimum limits
shown above.
(3) Automotive:
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 insurance, Consultant shall look solely to his/her
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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
Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may
acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain the foregoing
insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is received that the
premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and volunteers shall be
named as an additional insured under all insurance coverages, except any 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 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.
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
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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. 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 and 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 Consultant'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.
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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 there from as necessary, and to
allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other documents and records
and shall be maintained for a period of three (3) years after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns raised by City's
preliminary examination or audit of records, and the City's supplemental examination or audit of the
records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract
or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement shall be given in
writing and conclusively shall be deemed served when delivered personally or on the second business
day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed
as hereinafter provided.
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.
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21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and regulations
enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State of California
excepting any choice of law rules which may direct the application of laws of another jurisdiction. The
Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the County of
Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs,
advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed
under this Agreement unless prior written approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained herein shall not be
deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition
contained herein, whether of the same or a different character.
25. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or nature
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.
26. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer
or designated employee, which prohibition is found in City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the
Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by
Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this
Agreement for such breach as provided in Section 19 of this Agreement.
27. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall be deemed to
be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If
through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either party.
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City of Cupertino
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.
P.O. No.: 3�7'
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed:
CONSULTANT CITY OF CUPERTINO
Callander Associates Landscape Architecture Inc. A Municipal Corporation
By: '-4
Name: tv- 1
Title: V e-;
Date: I I'J.- 9 1
Tax I.D. No.: — 3
Address: 311 Seventh Ave
San Mateo CA 94401
B
!✓^ Timm orden, Director of Public Works
Date: 1,12-1(L
% AP ROVED AS TO FORM:
ALL"
Carol Korade, City Attorney
A ST:
Grace Schmidt, City Clerk
Contract Amount: $ 5 PAO coo
Account #: 420 - 9 16 4- 9 30V
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
The CONSULTANT shall perform professional services as detailed in the following sections to
produce design and construction documents for a new sports court at the Portal Park/Collins
School Cricket Batting Cages.
SECTION 1.0 GENERAL
1.1 Project Description: The CONSULTANT shall produce design and construction
documents necessary for the construction of new Cricket Batting Cages at the Portal
Park/Collins School site.
1.2 Project Construction Budget: The amount available for project construction shall be
equal to the Estimate of Probable Construction Cost associated with the option selected
by the City in Section 2, Task 2.8 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 include contingencies for
design, bidding, and price escalation, make reasonable adjustments, and/or value
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
engineer various items in all Estimates of Probable Construction cost submitted in
conjunction with the PROJECT.
C) The CONSULTANT shall update the Estimate of Probable Construction Cost with
each submission 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 unreasonably 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 costs 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 filing permit documents required by the
Division of the State Architect (DSA), and/or other governmental authorities having
jurisdiction over the PROJECT, including the Campbell Union School District (CUSD),
and 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.
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage 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 investigate soil conditions on
the site and make recommendations for use as cricket batting cages based on project
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.
1.5 The CONSULTANT shall coordinate the project through the California Division of State
Architect (DSA), Cupertino Union School District (CUSD), design the project consistent
with California Code of Regulations (CCR) Title 24, and obtain all USA/CUSD approvals
required to complete the project.
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 jointly with the City Parks and Recreation Department
and the Cupertino Union School District 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.
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
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
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 shall 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 coordinate the project with the Cupertino Union School
District and Division of the State Architect, determine submission requirements, obtain
schedule and fees, design the project so that it meets the criteria established for facility
construction on public school sites, and obtain CUSD/DSA approval.
2.6 The CONSULTANT shall utilize the City program requirements identified in 2.1 and a
site investigation to complete a conceptual design plan at 1"=10' scale. The conceptual
design plan shall include an optimum site configuration and two options for the cage
enclosure that includes the bowler and batsman and prevents the cricket balls from
travelling beyond the enclosure footprint. The conceptual design shall satisfy
requirements of the CUSD and DSA and include program elements identified in 2.1.
The CONSULTANT shall provide information on proposed materials, including but not
limited to artificial surfacing, netting, cage enclosure options, and other program
elements necessary for DSA/CUSD approval.
2.7 The CONSULTANT shall provide an Estimate of Probable Construction Cost for the
conceptual design solution that reflects all program elements necessary to satisfy City
Parks and Recreation, CUSD, and DSA requirements.
2.8 The CONSULTANT shall meet jointly with the City and CUSD staff to discuss the
conceptual design plan, proposed materials, and cost estimates. The City shall identify
the preferred design concept and associated estimate of probable construction cost,
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
provide written comments and direction to proceed with the Construction Documents.
The Estimate of Probable Construction Cost associated with the selected design concept
shall become the project budget identified in 1.2 and 1.7.
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)
2.6 Color rendered Cricket Batting Cage Design Development Plan, and proposed materials
(original drawing, cut sheet copies, and electronic pdf files,)
2.7 Estimate of Probable Construction Cost (electronic .pdf)
2.8 Meeting agenda and summary (electronic .pdf)
End of Task 2.0
TASK 3.0 CRICKET CAGE CONSTRUCTION DOCUMENTS
Task 3.10 65% Cricket Cage Construction Document Package
3.1.1 The CONSULTANT shall use the CITY and CUSD direction from Task 2.8 as the basis
for the 65% Cricket Batting Cage Construction Document package
3.1.2 The CONSULTANT shall submit a 65% Cricket Batting Cage Construction
Document package to the CITY and the CUSD for review that includes the
following, at a minimum, or meets the submission criteria for the DSA, whichever is
more comprehensive.
A. Title Sheet (one sheet)
B. Site plan with existing conditions (one sheet)
C. Best Management Practices (BMP) (City provided)
D. Demolition Plan (one sheet)
E. Site Construction Plan (one sheet)
1) Grading and Drainage
2) Existing and proposed grades
3) Critical spot elevations
4) Cage layout plan
5) Artificial surface
F. Landscape Restoration plan (one sheet)
1) Planting Plan
2) Irrigation plan
G. Draft construction details
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
Callander Associates Page 5 of 9
City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
H. Draft Technical specification outline.
I. Access compliance consistent with Title 24.
Manufacturer's catalog cut sheets, samples, and other material
information.
K. 65% Estimate of Probable Construction Cost
All plan set submissions shall be in AutoCAD at 1'=10" 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 and the CUSD shall review the 65% Cricket Batting Cage Construction
Document package and provide written comments within ten (10) working days of the
submission. Timeliness of the CUSD comments is understood to be beyond control of
either the City or the Consultant.
3.1.4 The CONSULTANT shall meet with jointly with the City and CUSD to discuss the
review comments and provide a written meeting summary within five (5) business
days.
Task 3.10 Deliverables:
3.1.2 65% Cricket Batting Cage Construction package as defined. Four (4) bound
copies and one electronic pdf file.
3.1.4 Meeting summary (electronic .pdf)
Task 3.20 90% Cricket Batting Cage Construction Document Package
3.2.1 The CONSULTANT shall incorporate CITY/CUSD comments from 3.1.4 into a 90%
Cricket Batting Cage Construction Document package and submit it to the City, CUSD
and DSA for review. The 90% package shall meet all requirements for submission to
the DSA, contain 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 90% Estimate of Probable Construction Cost.
Additionally, the Consultant shall incorporate, if necessary, "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 90% Construction Document
package submission and Estimate of Probable Construction Cost within ten (10)
business days. Timeliness of CUSD and DSA comments is understood to be beyond
the control of the City and the Consultant.
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
3.2.3 The CONSULTANT shall meet jointly with the CITY and the CUSD to discuss the 90%
Construction Document package submission including CITY, CUSD, and DSA
comments from 3.3.1 below
Task 3.20 Deliverables:
3.2.1 90% Cricket Batting Cage Construction Document package, including Estimate of
Probable Construction Cost, and all necessary documents for public bid. (Five (5)
hardcopies and one (1) electronic pdf)
3.2.3 Meeting summary (electronic pdf)
Task 3.30 Division of State Architect (DSA) Approval
3.3.1 The CONSULANT shall submit the 90% Plans and Specifications to the DSA
Architect and the Cupertino Union School District (CUSD) for review and comment.
3.3.2 The CONSULTANT shall provide the City with DSA/CUSD comments and a written
assessment of the final DSA/CUSD drawing approval including a tentative approval
schedule. It is understood that DSA/CUSD approval schedules are beyond both the
City and Consultant's control.
Task 3.40 Construction Bid Document Package
3.4.1 The CONSULTANT shall incorporate the DSA/CUSD approved Cricket Batting Cages
Plans and Specifications into a Construction Bid Document package for final City
approval. The package shall include (1) DSA/CUSD approved 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 and (3) City
bid documents, and (4) electronic pdf copies.
3.4.2 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 3.40 Deliverables:
3.4.1 100% Bid Document Package (One (1) original wet signed set suitable for reproduction
and one (1) electronic copy pdf.)
3.4.2 Project Archive (One (1) project data file on archive quality electronic media, CD or
DVD ROM in pdf format)
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City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
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.
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 5.4 DSA Coordination: During the construction phase and closeout, coordinate with
DSA Inspector, complete DSA forms and submit closeout documents to DSA.
Task 5.5 The CONSULTANT shall provide project As Built drawings in AutoCAD from
the Contractor's redlined field notations on the project As Built field drawing set.
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
Callander Associates Page 8 of 9
City of Cupertino
EXHIBIT A
SCOPE OF SERVICES
Portal Park/Collins School Cricket Batting Cage Sports Court
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.
5.4 All DSA documents and communication with DSC during construction. One (1) each
hard copy and electronic copy (pdf.)
5.6 Construction As Built Drawings in AutoCAD. One (1) each hard copy, electronic
copy in AutoCAD, and pdf copy.
End of Task 5.0
END OF EXHIBIT A
Portal/Collins Cricket Cages EXHIBIT A December 5, 2014
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City of Cupertino
EXHIBIT B
PERFORMANCE SCHEDULE
All work under this Consultant Agreement shall be completed by October 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 CRICKET CAGES 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 90% 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
Portal/Collins Cricket Cages EXHIBIT B December 5, 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:
5.1 Submittal review summaries.
5.2 Request for Information responses (as required)
5.3 Construction observation summaries.
END OF EXHIBIT B
One (1) business day after receipt
One (1) business day after receipt
Five (5) business days after receipt
Three (3) business days after receipt
Five (5) business days after site visit
Portal/Collins Cricket Cages EXHIBIT B December 5, 2014
Callander Associates Page 2 of 2
City of Cupertino
EXHIBIT C
COMPENSATION
1) Base Compensation
The base compensation for the Portal Park/Collins School Cricket Cages Consultant
agreement shall not exceed forty nine thousand eight hundred forty nine DOLLARS
($49,849.). 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 $9,564.00
Task #2: Design Development $9,911.00
Task #3: Construction Documents $20,248.00
Task #4: Bid and Award Services $ 3,207.00
Task #5: Construction Services $6,919.00
TOTAL $ 49,849.00
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 $.
3). Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
MILESTONE
TASK
Task #1— Predesign Activities
a. Draft Schedule/Data summary memo
b. Final Baseline Schedule
c. Schedule updates
Portal/Collins Cricket Cages EXHIBIT C
Callander Associates
City of Cupertino
PERCENT OF TASK
COMPENSATION
20%
60%
20%
December 5, 2014
Page 1 of 3
EXHIBIT C
COMPENSATION
Task #2 — Design Development
a. Color Design Development Plan and Estimate 50%
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 30%
b. Request for Information responses 30%
c. Site observation summaries 10%
d. As Built drawings transmittal 30%
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 two thousand one hundred fifty one DOLLARS ($2,151.00) or
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.
Portal/Collins Cricket Cages EXHIBIT C December 5, 2014
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City of Cupertino
EXHIBIT C
COMPENSATION
The CONSULTANT shall invoice for authorized Additional Services performed the
previous month according to the compensation schedule identified in the agreement
addendum.
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
Senior Prinelpoil
$=Jhour
Cons, truction Mancigic Q,9 h r
Pnccipcal
$172/hour
Assistant 1
$125/hogo
Assocfaio 1
$16.61hour
Asa:istant2
$1,091hour
Associate 2
$1154/hour
Assislant 3
$107/hoi+r
Associate 3
$1'18/hour
AsAsttant 4
$98/how
Prgect Manager P
$15541hour
Asdstant 5
$87/hour
Prgect Manager 2
$i ,lhour
Asslstont 6
$791hour
Prq&O Manager
$133/hour
'Ford Processar
$100/hour
Prc�eO,Manager4
$125/hour
Acccau,antlrng
$1161hour
Prafedf Manager 5
$119/hour
7). Maximum Compensation
The maximum compensation for the entire Consultant agreement is fifty two
thousand DOLLARS ($52,000.). Any hours worked for which payment would result
in a total exceeding the maximum amount of compensation shall be at no cost to the
CITY.
END OF EXHIBIT C
Portal/Collins Cricket Cages EXHIBIT C December 5, 2014
Callander Associates Page 3 of 3
City of Cupertino