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16-122 Callander Associates Landscape Architecture, Inc., Design Professional Services for Landscape Architecture Services for Various ProjectsCity of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA#: 2017-004 Service Order #: 9 Maximum Compensation: $ 175,000.00 Term:NTP: Approval by: Consultant: May 17, 2016 End Date: August 31, 2018 City Manager D Director l•I Date: September 1, 2016 City Council D Item#: ____ _ Date: Firm Name: Callander Associates Landscape Architect, Inc. Street: 1633 Bayshore Highway, Suite 133 City, State, Zip: Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal Phone: (650} 375-1359 PROJECT DESCRIPTION Project Name: McClellan Ranch Community Garden -Preliminary Design []]Description: (simple project description if appropriate) [@)Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Alex Acenas ------------- Page 1 of 2 Service Order No. 9 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET/ FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. ff 1 420-99-015 Tennis Court Resurfacing -Various Parks (Memorial Park 2016/2017) S.O. ff 2 Budget Cost Est-Memorial Pk. Tennis Ct. Lights Replacement & Sr. Ctr. Walkway Replacement S.O. ff 3 420-99-015 Tennis Court Resurfacing -Various Parks (Varian & Monta Vista) S.O. ff 4 420-99-017 Sports Center -Exterior Upgrades (Court Lights Conversion) S.O. ff 5 420-99-007-900-905-PVAR.002.02 .02 ADA Improvements S.O. ff 6 -420-99-017 Sports Center -Exterior Upgrades (Monument Sign) S.O. ft 7 -lnt'I Cricket Ground -Feasibility 420-99-049-900-905-P VAR 006-01-01 S.O. ff B -Memorial Park Pond Concepts 420-99-047-700-702-MEM 001-01-01 s.o . ff _______________________ _ S.O. ff ________________________ _ Amount $175,000.00 $22,000.00 $3,100.00 $23,600.00 $26,000.00 $6,700.00 $35,000.00 $15,600.00 $35,550.00 Total Previously Encumbered to Date: $167,550.00 Current Unencumbered amount in MA: $ 7,450.00 Encumbrance: S.O. ff 9 -McClellan Ranch Community Garden -Prelim Design 420-99-004-900-905 $ 7,450.00 ~ Q_ ~ OtJ6 ~ OJ ,0 ~ Total Encumbered to Date including this S.O.: $ 175,000.00 pb 1t ctl % .... fy35 Master Agreement Balance: _$_o_.o_o __ Contract Manager: AlexAcenas APPROVALS rV1 f ~ ConWrant J!JA; Director of Public Works, ~-------- Date: 9/26/2017 Date: ~U1'7 Date: / O /'3 /1 7 I Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Master Agreement Page 2 of 2 Date: / () ( ~ / { 1' Service Order No. 9 City of Cupertino MASTER AGREEMENT FOR CONSUL TANT SERVICES MASTER AGREEMENT M A #: 2011.004 5ERYXCE QRDER Service Order #: 6 -------- Maximum Compensation: $ 175,000.00 Term: NTP: May 17, 2016 End Date: December 31, 2017 . Approval by: City Manager D Director l•I Date: September 1, 2016 Date: City Council D Item #: ____ _ ------- Consultant: Firm Name: Callander Associates Landscape Architect, Inc. Street: 1633 Bayshora Highway, Suite 133 City, State, Zip: Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal PROJECT DESCRIPTION Phone: (650) 375-1359 Project Name: Sports Center-Exterior Upgrades (Monument Sign} (clp2017°19.2) []]Description: (simple project description if appropriate) [@!Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Katy Jensen/ f.?IZ/CG "/.?It? /Zt> / I Page 1 of2 Service Order No. 6 PO 2018-150 City of Cupertino ~ j(fl }' -'1-5 {" MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA#: 2017-004 Service Order #: 7 Maximum Compensation: $ 175,000 .00 Term: NTP: May 17, 2016 End Date: December 31, 2017 Approval by: City Manager D Director [i] Date: September 1, 2016 City Council D Item#: ____ _ Date: Consultant: Firm Name: Callander Associates Landscape Architect, Inc. Street: 1633 Bayshore Highway, Suite 133 City, State, Zip : Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal Phone: (650) 375-1359 PROJECT DESCRIPTION Project Name: International Cricket Ground -Feasibil ity Study [JI Description: (simple project description if appropriate) [@)Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Alex Acenas ------------- Page 1 of 2 Service Order No. 7 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # 1 420-99-015 Tennis Court Resurfacing -Various Parks (Memorial Park 2016/2017) S .O . # 2 Budget Cost Est-Memorial Pk . Tennis Ct. Lights Replacement & Sr. Ctr. Walkway Replacement S.O. # 3 420-99-015 Tennis Court Resurfacing -Various Parks (Varian & Monta Vista) S.O. # 4 420-99-017 Sports Center -Exterior Upgrades (Court Lights Conversion) S.O. # 5 420-99-007-900-905-PVAR.002 .02 .02 ADA Improvements S.O. # 6 -420-99-017 Sports Center -Exterior Upgrades (Monument Sign) s.o. # ________________________ _ s.o. # ________________________ _ S.O. # ------------------------- S.O. # _________________________ _ Amount $ 175,000 .00 $22,000 .00 $3,100.00 $23,600 .00 $26,000 .00 $6,700.00 $35,000.00 Total Previously Encumbered to Date: $116,400.00 Current Unencumbered amount in MA: $ 58,600.00 Encumbrance: S.O . # 7 -Int erna tiona l Cricket Ground -Feasibility Study f Vff--00 rp • 0 I .o I £,(u.ti ,o'-f'f 100.fo~ $15,600.00 Contract Manager: Total Encumbered to Date including this S.O.: $ 132,000 .00 '(lb 'UJtE • ?S J-Master Agreement Balance: $43,000 .00 AlexAcenas Date: 9/12/2017 APPROVALS Consultant: Date: Director of Public Works: Date: ----------~ '?::,.,,_. g'~c~ / Appropriation Certificati~I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Master Agreement ~mm~ Date: Page 2 of 2 Service Order No. 7 ATTACHMENT A EXHIBIT A SCOPE OF SERVICES Cricket Field Feasibility Study The CONSULTANT shall perform professional services as detailed in the following sections to define the attributes of an International Cricket Facility, determine if there appear to be locations suitable for such a facility within the City limits, and identify locations where a more modest Cricket facility might be installed. SECTION 1.0 GENERAL 1.1 Project Description: The CONSULTANT shall facilitate an effort to define an International Cricket Facility (area, supporting facilities, spectators' capacity, accessibility via alternate means of transportation, visitor accommodation, etc.) This information shall then be used in an exercise to screen sites for eligibility. 'Best alternative' sites will be identified where space or other constraints indicate that there is more opportunity to construct a smaller facility. This effort is preliminary in nature and is only intended as an aid in determining if continued evaluation is warranted. Subsequent efforts would include detailed mapping of the site(s), including topography, property lines, easements, utilities, environmental considerations, etc. to allow for a more in-depth understanding of what be required to implement a cricket field. 1.2 The CONSULTANT shall provide services required to complete the tasks identified in the Scope of Services. The performance of 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 . 1.3 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 . 1.4 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 EXHIBIT C, Compensation Schedule shall not be considered until the Task Deliverables are accepted by the CITY. SECTION 2.0. SCOPE OF SERVICES TASK 1.0 PROGRAM DEVELOPMENT AND SITE ASSESSMENT 1.1 Start-Up Meeting: The CONSULTANT shall meet with City staff to discuss the project. The project scope and schedule will be discussed and plans made for the work to follow. The meeting will be an opportunity to reiterate the project goals, confirm stakeholder group membership, go over the schedule and identify any areas of concern, project caveats . Following this meeting the CONSUL TANT shall coordinate a meeting of the stakeholders at the City offices . Cricket Field Feasibility Study Callander Associates City of Cupertino EXHIBIT A August 14, 2017 Page 1 of 2 ATTACHMENT A EXHIBIT A SCOPE OF SERVICES Cricket Field Feasibility Study 1.2 Steering Group Meeting #1: The CONSULTANT shall fac ilitate an initial with the steering group by preparing a meeting agenda, providing project background information and presenting scale aer ial photos of at least 3 known International cricket facilities. In tabular form, the CONSUL TANT shall provide some key characteristics of these facilities including area, estimated spectator capacity, and supporting infrastructure (parking, freeway access, etc.) The CONSULTANT shall facilitate a discussion during which the elements thought to be critical to the establishment of an International Facility in Cupertino are identified. This information shall be captured and the key points of the meeting content documented In a meeting summary . 1.3 Potential Plan Development: Based on the findings in stakeholder meeting #1, the CONSULTANT shall evaluate the opportunity for siting an International Cricket Facility in Cupertino. Criteria used in assessing the suitability of candidate sites will include available area, site topography, site accessibility and pro ximity to support i ng facilities . Up to th ree sites that appear to have the fewest constraints will be identified with opportunities and constraints of each site noted. Prepare a rudimentary Site Potential Plan for each site by superimposing a 20 scale International Cricket template onto an aerial photograph . Prepare a written summary of the opportunities and constraints assoc iated with each site. 1.4 Stakeholder Meeting #2: Facilitate a meeting with the stakeholder group by presenting the findings of the siting exercise and soliciting input. In anticipation that the site potential plans will reveal constraints, work with the stakeholder group to rank the site selection criteria and thereby engage the group in an exercise to identify the site with the most promise . 1.5 Draft Concept Plan: Using the outcome of the stakeholder meeting #2, prepare a single concept plan for a cricket facility on the site identified by the group as having the most potential. Plan to be prepared at a scale of 1" = 20', color rendered and labeled for ease of interpretation . 1.6 Revised Concept Plan: Meet with the stakeholders to present the concept and solicit input. Revise the plan per the input of the group and submit it to the City for their use and for presentation to Commission and Council. TASK 1.0 DELIVERABLES: 1.1 Meeting summary (electronic .pdf) 1.2 Facilities Criteria (electronic .pdf) 1.3 Site Potentia l Plans (electronic .pdf) 1.4 Meeting Summary (electronic .pdf) 1.5 Draft Concept Plan (electronic .pdf) 1.6 Revised Concept Plan (electronic .pdf) Crick et Field Feas ibili t y Study Calland er Ass ociates City of Cup erti no END OF EXHIBIT A EXHIBIT A August 14, 20 17 Pa ge 2 of 2 ATTACHMENT A EXHIBIT B PERFORMANCE SCHEDULE All work under th is Service Order sh all be completed by July 3,1, 20 18 .. T~e task deliverables identified in Exhibit A, sha ll be received by City as indicated be low: PROJECT DELIVERABLES (BY TASK) SECTION 2.0 TASKl.0• PREFERRED SITES IDENTIFICATION 1.1 Start-Up Meeting 1.2 Steering Group Meeting #1 1.3 Potential Pl an De velopment 1.4 Sta keholder Meeting #2 1.5 Draft Concept Plan 1.6 Rev ised Concept Plan END OF EXHIBIT B Cons tructi on Cos t Estima ting Se r vic es Ca ll ander Associa tes City of Cu pertino EXHIBIT B DELIVERY SCHEDULE Ten (10) working days after NTP Ten (10) working days after 1.1 Fifteen (15) worki ng days after Tas k 1.2 Fifteen (15) working days after Task 1.2 Fi ft een (15) working days after Ta sk 1.4 Ten (10) worki ng days after Task 1 .5 Dece mb er"19, 20 16 Page 1 of 1 :d 1) Base Compensation ATTACHMENT A EXHIBIT C COMPENSATION The base compensation for this Service Order is $14,100. Service shall be compensated in accordance with the Master Agreement. 2) Fee Budget Schedule The Fee Budget Schedule for this AGREEMENT shall be as follows . #1 Task Description Program Development and Site Assessment Base Compensation TOTAL Task Compensation $14,100 $14,100 Design Professional shall not exceed the specified budget amounts for any Task without prior written authori zation from the City . City may approve budget transfer amounts between Tasks listed above provided the base compensation amount is not exceede d . 3) PaymentSchedule ... ,. .... The Payment Schedule for this Service Order shall be as follows: TASK Task #1-Program Development and Site Assessment 1.1 Start-Up Meeting 1.2 Steering Group Meeting #1 1.3 Potential Plan Development 1.4 Stakeholder Meeting #2 1.5 Draft Concept Plan 1.6 Revised Concept Plan PERCENT OF TASK COMPENS~TION 5% 15% 25% 25 % 20% 10% Design Professional may invoice according to the budget schedule only after City provides written approval for the Task deliverables identified in Item C. Cricket Field Siting Study Callander Associates City of Cupertino EXHIBITC July 3, 2017 Page 1 of 2 1) Subconsultant services. ATTACHMENT A EXHIBIT C COMPENSATION Design Professional is directly responsible for any and all Sub consultant services and payments required for the Task deliverables identified In Item C. 2) Reimbursable Expenses: In Accord a nee with the Master Agreement, the Base Compensation is inclusive of all materials and expenses to perform all of the base services of this Service Order. 3) Additional Services: When requested by the City, Additional Services may be authorized and will performed and compensated as prescribed by the Master Agreement. Additional Services budget for this Service Order: $1,500 4) Service Order Maximum Compensation: $15,600 END OF EXHIBIT C Cri cket Field Siting Study Callander Associates City of Cupertino EXHIBIT C July 3, 2017 Page 2 of 2 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA#: 2017-004 Service Order #: 8 Maximum Compensation: $ 175,000.00 Term: NTP: May 17, 2016 End Date: December 31, 2017 Approval by: City Manager D Director l•I Date: September 1, 2016 City Council D Item#:-----Date: Consultant: Firm Name: Callander Associates Landscape Architect, Inc. Street: 1633 Bayshore Highway, Suite 133 City, State, Zip: Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal Phone: (650) 375-1359 PROJECT DESCRIPTION Project Name: Memorial Park Pond Concepts [[]Description: (simple project description if appropriate) [@)Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Alex Acenas ------------- Pag e 1 of2 Service Order No. 8 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O. # 1 420-99-015 Tennis Court Resurfacing -Various Parks (Memorial Park 2016/2017) S.O . # 2 Budget Cost Est.-Memorial Pk. Tennis Ct. Lights Replacement & Sr. Ctr . Walkway Replacement S.O. # 3 420-99-015 Tennis Court Resurfacing -Various Parks (Varian & Monta Vista) S.O. # 4 420-99-017 Sports Center -Exterior Upgrades (Court Lights Conversion) s.O. # 5 420-99-007-900-905-PVAR.002.02.02 ADA Improvements S.O . # 6 -420-99-017 Sports Center -Exterior Upgrades (Monument Sign) S.O . # 7 -International Cricket Ground -Feasibility s.o. # ________________________ _ s.o. # ------------------------- S.O. # Amount $ 175,000.00 $22,000 .00 $3 ,100 .00 $23,600 .00 $26,000 .00 $6,700.00 $35,000 .00 $15,600.00 Total Previously Encumbered to Date: $132,000.00 Current Unencumbered amount in MA: $ 43,000.00 Encumbrance: S.O. # 8 -Memorial Park Pond Concepts Contract Manager: APPROVALS Consultant: AlexAcenas Director of Public Works: ~ Mb-M t»I. tJ I.~ I C.f'"z.tL ~ 't , () ~ t ".nJO , ~ 2-$35,550 .00 Total Encumbered to Date including this S.O.: $167,550.00 Master Agreement Balance: $7,450.00 Date: 9/12/2017 Date: Appropriation Certification· hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature . City Finance: City of Cupertino Master Agreement Page 2 of 2 Date: Cf. t<.f.('/- Service Order No. 8 ATTACHMENT A EXHIBIT A SCOPE OF SERVICES Memorial Park Pond Concepts The CONSULTANT shall perform professional services as detailed in the following sections to develop conceptual design options for alternative, interim uses of the existing water pond at Memorial Park in the City of Cupertino. SECTION 1.0 GENERAL 1.1 Project Description: The CONSULTANT shall prepare conceptual plan options identifying potential alternative uses of the existing water pond at Memorial Park in Cupertino. The geographic limits of this project are the pond limits. The existing pond system has been turned off and the pond kept dry due to the drought. There is interest in reducing the footprint or potentially eliminating the pond, and Implementing other uses that provide for an improved park aesthetic for the next 4 to 6 years. The concepts will provide for an interim use at part or all of the pond, until the Citywide park and recreation master plan process can be completed, and a park master plan developed for Memorial Park. Subsequent efforts (not part of this contract) would include preparation of construction documents to allow for implementation of the preferred plan. 1.2 The CONSULTANT shall provide services required to complete the tasks identified in the Scope of Services. The performance of 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. 1.3 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. 1.4 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. SECTION 2.0. SCOPE OF SERVICES TASK 1.0 CONCEPTUAL PLAN ALTERNATIVES 1.1 The CONSULTANT shall meet with the City to discuss the project, collect available data provided by the City, and discuss project details and schedule. The CONSULTANT shall prepare a draft project schedule compatible with the MS Project platform, containing project milestones and critical path elements . The CONSULTANT shall compile inspiration images of potential alternative improvements that could take place in some or all of the pond area for CITY Memorial Park Pond Concepts Callander Associates City of Cupertino EXHIBIT A Augu·st 14, 2017 Page 1 of 3 ATTACHMENT A EXHIBIT A SCOPE OF SERVICES Memorial Park Pond Concepts consideration and selection of 4 to 6 preferred schemes. The CONSULTANT shall provide a written meeting summary to the CITY within five (5) business days of the meeting. 1 .2 The CONSULTANT shall visit the site and identify opportunities for additional uses at the park. CONSULTANT shall review available background information that may include water usage and pond record drawings. 1.3 The CONSULTANT shall prepare a base plan at a scale of 1" "'30' based on available aerial images . The CONSULTANT shall prepare 2 to 4 rendered conceptual plans showing the recommended improvement options . CONSULTANT shall prepare a ballpark cost estimate for each plan and present them at a staff meeting. The CONSULTANT shall provide a written meeting summary to the CITY within five (5) business days of the meeting. 1.4 The CONSULTANT shall make minor revisions to the plans and estimates, as agreed upon with City staff and shall resubmit all documents in electronic form for the exclusive use of the City . TASK 1.0 DELIVERABLES: 1.1 Meeting summary, project schedule , inspiration images (electron ic .pdf) 1.3 Meeting summary, plans and cost estimates (electronic .pdf) 1.4 All prior deliverables (electronic .pdf) TASK 2.0 PUBLIC REVIEW PROCESS 2.1 The CONSULTANT shall facilitate a presentation to the Parks and Recreation Commission. Materials assembled to date shall be compiled in a Powerpoint presentation. The Commission members will be advised of the project objectives, background and findings including the advantages and disadvantages of each option. The CONSULTANT shall facilitate the meeting by responding to questions from the Commissioners and otherwise clarifying the project process . 2.2 After the Parks and Recreation Commission Meeting the CONSULTANT shall attend a meeting with City staff to discuss the input received and identify any refinements to the preferred concept that was selected by the Commission . The CONSULTANT shall provide a written meeting summary to the CITY within five (5) business days of the meeting . 2.3 The CONSULTANT shall prepare a preferred conceptual plan incorporating Park and Recreation Commiss i on input for CITY review and comment. CONSULTANT shall make minor revisions and pre pare updated cost estimate . The CONSULTANT shall facilitate a City Council meeting by present i ng the pr oject bac kground, findings, and Commission recommendations to the Council. The CONSULTANT shall facilitate thi s meeting by providing clarifications and otherwise responding to the queries of the Council Members. Memorial Park Pond Conce pts Call and er Ass o ciates City of Cupertino EXHIBIT A August 14, 2017 Pag e 2 of 3 TASK 2.0 DELIVERABLES: ATTACHMENT A EXHIBIT A SCOPE OF SERVICES Memorial Park Pond Concepts 2.1 Commission Powerpoint presentation (electronic .pdf) 2.2 Meeting summary (electronic .pdf) 2.3 Preferred plan and estimate, Council Powerpoint presentation (electronic .pdf) Memorial Park Pond Concepts Callander Associates City of Cupertino END OF EXHIBIT A EXHIBIT A August 14, 2017 Page 3 of 3 ATTACHMENT A EXHIBIT B PERFORMANCE SCHEDULE All work under this Service Order shall be completed by July 31, 2018. The task deliverables identified in Exhibit A, shall be received by City as indicated below : PROJECT DELIVERABLES (BY TASK) SECTION 2.0 TASK 1.0 • CONCEPTUAL PLAN ALTERNATIVES 1.1 1.3 1.4 Meeting Summary, Project Schedule Inspiration Images Meeting Summary, Plans, Cost Estimates All del iv erables to date TASK 2.0 • PUBLIC REVIEW PROCESS DELIVERY SCHEDULE Ten (10) working days after NTP Twenty (20) working days after Task 1.2 Five (5) working days after Task 1.5 2.1 Powerpoint presentation (Commission) Ten (10) working days after Task 1.6 2 .2 Meeting Summary Three (3) working days after Task 2.1 2.3 Powerpoint presentation (Council) Ninety (90) working days after Task 2.2 Preferred Plan and Cost Estimate Memorial Park Pond Concepts Callander Associates City of Cupertino END OF EXHIBIT B EXHIBIT B August 14, 2017 Page 1 of 1 1) Base Compensation ATTACHMENT A EXHIBIT C COMPENSATION The base compensation for this Service Order is $25,550. Service shall be compensated in accordance with the Master Agreement. 2) Fee Budget Schedule The Fee Budget Schedule for this AGREEMENT shall be as follows. #1 #2 Task Description Conceptual Plan Alternatives Public Review Process Base Compensation TOTAL Task Compensation $15,530 $10,020 $25,550 Design Professional shall not exceed the specified budget amounts for any Task without prior written authorization from the City. City may approve budget transfer amounts between Tasks listed above provided the base compensation amount is not exceeded. 3) Payment Schedule The Payment Schedule for this Service Order shall be as follows: TASK Task #1-Conceptual Plan Alternatives 1.1 Start-Up Meeting, Project Schedule, Inspiration Images 1. 2 Site Visit 1.3 Meeting summary, Plans and Cost Estimates 1.4 Revised Deliverables Memorial Park Pond Concepts Callander Associates City of Cupertino EXHIBITC PERCENT OF TASK COMPENSATION 20% 10% 50% 20% August 14, 2017 Page 1 of 2 B Task #2 -Public Review Process 2.1 Commission Powerpoint Presentation 2.2 Meeting Summary ATTACHMENT A EXHIBIT C COMPENSATION 2.3 Preferred Plan and Estimate, Council Powerpoint Presentation 45% 15% 40% Design Professional may invoice according to the budget schedule only after City provides written approval for the Task deliverables identified in Item C. 1) Subconsultant services. Design Professional is directly responsible for any and all Sub consultant services and payments required for the Task deliverables identified in item C. 2) Reimbursable Expenses: In Accordance with the Master Agreement, the Base Compensation is inclusive of all materials and expenses to perform all of the base services of this Service Order. 3) Additional Services: When requested by the City, Additional Services may be authorized and will performed and compensated as prescribed by the Master Agreement. Additiona I Services budget for this Service Order: $10,000 4) Service Order Maximum Compensation: $35,550 Memorial Park Pond Concepts Callander Associates City of Cupertino END OF EXHIBIT C EXHIBIT C August 14, 2017 Page 2 of 2 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA#: 2017-004 Service Order II: 5 Maximum Compensation: $ 175,000.00 Tenn:NTP: May 17, 2016 End Date: December 31, 2017 Approval by: City Manager D Director [iJ Date: September 1, 2016 City Council D Item#: ____ _ Date: Consultant: Firm Name: Callander Associates Landscape Architect, Inc . Street: 1633 Bayshore Highway, Suite 133 City, State, Zip: Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal PROJECT DESCRIPTION Project Name: Jollyman Park Peer Review Services (cip 2016-03.01) [O]Description: (simple project description if appropriate) Phone: (650) 375-1359 ~u_.l-2-() r 1-.{Jti°t Ptif Z& t t-t ~Jo [!]Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Katy Jensen _...;._ _________ _ Page 1 of2 Service Order No . 5 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbe red on MA: S.O . If 1 420-99-015 Tennis Court Resurfacing -Various Parks (Memorial Park 2016/2017) S.O. It 2 Budget Cost Est.-Memorial Pk. Tennis Ct. Lights Replacement & Sr. Ctr. Walkway Repla cement S.O . If 3 420-99-015 Tennis Court Resurfacing -Various Parks (Varian & Monta Vista) S.O. If 4 420 -99 -017 Sports Center -Exterior Upgrades (Court Lights Conversion) s.o. # _______________________ _ s.o. II _______________________ _ s.o. It _______________________ _ s.o. II ______________________ _ s.o. II _______________________ _ S.0.11 _______________________ _ Amount $ 175 ,00 0.00 $22,000.00 $3,100 .00 $23,600.00 $26,000 .00 Total Previously Encumbered to Date : $ 74,700.00 Current Unencumbered amount in MA: $100,300 .00 Encumbrance: S.0. If 5 420-99-007-900-905-PVAR.002.02 .02 ADA Improvements e $6,700 .00 Total Encumbered to Date includ ing this S.O.: $81,400.00 Master Agreement Balance : $ 93,600 .00 Contract Manager: APPROVALS Katy Jensen ~ ~ Date: 7: ·I,:;,. 2£??; r Date : -; / 7 / 11 7 I Date: ~ 1 /;j-- Appropriation Certification: I hereby certify that an une xpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Master Agreement Page 2 of 2 Date: 1' ( 2-b ( l 1' Service Order No. 5 ATIACHMENT A EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall perform professional services as detailed in the following sections to provide peer review services of the proposed access improvements at the Jollyman Park play area . SECTION 1.0 GENERAL 1.1 Project Description : The CONSULTANT shall visit the site, review the plans , provide comments on the proposed access improvements including alternate recommendations where warranted, meet with City staff to review the input and be available for additional teleconferences as may be needed. 1.2 The CONSULTANT shall provide services necessary required to complete the tasks identified in the Scope of Serv i ces. The perforp1ance of 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 . 1.3 The CITY's Department of Public Works shall manage the PROJECT and this AGREEMENT. Th e 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. 1.4 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. SECTION 2.0 SCOPE OF SERVICES 2.1 SITE INVESTIGATION : The CONSULTANT shall visit the Jollyman Park play area with a copy of the proposed improvements in hand . The CONSULTANT shall phot document the site, take field measurements and use a smart level to evaluate the existing grades in select locations where existing paths are suspected of being out of compliance with access requirements . 2.2 PREPARATION OF FINDINGS: The CONSULTANT shall prepare a summary of findings by annotating the access improvement plan and cross referencing to code sections where applicable . Review of possible impact to trees of implementing the proposed improvements shall be provided by a CA certified arborist as part of the same compilation . Site photos will be incorporated as appropriate to illustrate specific conditions or areas of concern . 2 .3 REVIEW MEETING: CONSULTANT shall meet with City staff to present the findings and provide suggested modifications to the access improvement plans as appropriate . 2.4 ADDITIONAL CONSULTATIONS: CONSULTANT shall be available for further teleconferences, site meetings and staff meetings on an as requested basis with an allowance of 8 hours for this task . TASK 2 .0 DELIVERABLES: 2.2 Summary of Findings END OF EXHIBIT A ATIACHMENTA EXHIBIT B PERFORMANCE SCHEDULE All work under this Service Order shall be completed by July 31, 2018 . The task deliverables in Ex hibit A shall be received by the City as indicated below: PROJECT DELIVERABLES (BY TASK) 2 .3 Review Meeting DELIVERY SCHEDULE 20 business days after authorization to proceed END OF EXHIBIT B 1) Base Compensation ATIACHMENTA EXHIBIT( COMPENSATION The base compensation for this Service Order is $6 ,700 . Services shall be compensated in accordance with the Master Agreement. 2) Fee Budget Schedule The Fee Budget Schedule for this AGREEMENT shall be as follows. 2 .1-2.3 2.4 Task Description Site Investigation thru Review Meeting Additional Consultations Task Compensation $5 ,300 $1 ,400 Design Professional shall not exceed the specified budget amounts for any Task without p r ior written authorization from the City. City may approve budge transfer amounts between Tasks listed above provided the base compensation is not exceeded . City of Cupertino MASTER AGREEMENT FOR CONSULT ANT SERVICES SERVICE ORDER MASTER AGREEMENT MA #: 2017-004 Service Order #: 4 Maximum Compensation: $ 175,000.00 Term: NTP: May 17, 2016 End Date: December 31, 2017 Approval by: City Manager D Director [jJ Date: September 1, 2016 City Council D Item It : ____ _ Date: Consultant: Firm Name: Callander Associates Landscape Architect, Inc. Street: 1633 Baysho re Highway, Suite 133 City, State, Zip: Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal Phone : (650) 375-1359 PROJECT DESCRIPTION Project Name: Sports Center -Exterior Upgrades (Court Lights Conversion) (GIP # 2017-xx) [OJ Description: (simple project description if appropriate) [!]Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertin o Master Agreement Public Works Project Manager: Katy Jensen ~ ' Page 1 of 2 Se rvic e Order No. 4 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET/ FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA: S.O . II 1 420-99-015 Tennis Court Resurfacing -Various Parks (Memorial Park 2016/2017) S.O. II 2 Budget Cost Est-Memorial Pk. Tennis Ct. Lights Replacement & Sr . Ctr. Walkway Replacement S.O . II 3 420-99-015 Tennis Court Resurfacing -Various Parks (Varian & Monta Vista) S .0.11 ________________________ _ S.0.11 _____________________ _ S.0.11 _______________________ _ S .0.11 ________________________ _ S .0 .11 ________________________ _ S.0.11 _______________________ _ S.0.11 _______________________ _ Amount $175,000 .00 $22,000.00 $3,100.00 $23,600.00 Total Previously Encumbered to Date : $48,700.00 Current Unencumbered amount in MA: $126,300 .00 Encumbrance: S.O. II _4_4_20_-_99_-_o_17_S_p_o_rt_s~C_e_nt_e_r _-E_x_te_r_io_r_U_p_gr_a_de_s_(_C_o_urt_Li_g_ht_s_C_o_nv_e_rs_io_n_) __ $26,000.00 't m, -Gt C'S ?h-1 ~. O~.Df Total Encumbered to Date including this S.O .: $74,700 .00 Contract Manager: APPROVALS ()7;.tt u ( 1--~2,f Consultant C\. Gl,9+ JA....--... ;., . Y\w-?i=S: ~ ,--.~ Director of Public Works: ~ #_ ;2........_ _::;> Master Agreement Balance: $100,300 .00 Date: f;j/t) /"u:J [7: ' / • Date: Date: J j f2fh Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: C ity o f Cupertino Mas te r Agreem ent Pa ge 2 of 2 Date: Service Order N o. 4 EXHIBIT A SCOPE OF SERVICES Cupertino Sports Center East Courts LED Lighting The CONSULT ANT shall perform professional services as defined below for replacing existing metal halide light fixtures with motion controlled LED lights over the 12 full size tennis courts and one practice court on the east side of the Cupertino Sports Center TASK 1.0 GENERAL Project Description: The CONSULTANT shall perform professional services as detailed in the following sections to produce construction documents for replacing the existing metal halide light fixtures over the 12 full size tennis courts and one practice court. 1.1 Project Construction Budget: The amount available for project construction shall be equal to the Estimate of Probable Construction Costs identified in Task 2.2 including contingencies for design, bidding, and price escalation and City direction in Task 2.3. 1.2 The CONSULTANT shall provide services necessary required to complete the tasks identified in the Scope of Services . The performance of services by CONSULT ANT 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 . 1.3 The CITY's Department of Public Works shall manage the PROJECT and th is 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. 1.4 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 . 1.5 Estimate of Probable Construction Cost: A) The CONSUL TANT shall design the PROJECT so the Estimates of Probable Construction Cost are less or equal to the Project Construction Budget in 1.1 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 (b) make reasonable adjustments and/or to value engineer various items in Estimates of Probable Construction cost submitted in conjunction with the PROJECT. C) The CONSULTANT shall update the Estimate of Probable Construction Cost w ith each project milestone and clearly identify changes from the previous estimate . CSC East Courts LED Lights Ca ll and er Associates City of Cupertino EXHIBIT A May 15, 201 7 Page 1 of 5 EXHIBIT A SCOPE OF SERVICES Cupertino Sports Center East Courts LED Lighting D) CONSULTANT shall advise the CITY in writing of adjustments to previous Estimates of Probable Construction Cost indicated by changes in PROJECT requirements or gen era l market conditions. E) If, at any time prior to bid, the Estimate of Probable Construction Costs exceeds the Construction Budget identified in 1.1 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 proj ect scope reductions to meet the construction budget. However, 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 th e CITY and beyond the CONSULTANT's control that require a revision to the Estimate of Probable Construction Cost to meet the Construction Budget in 1.1 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 1.1 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 construct ion budget. 1.6 Deliverables identified in each Ta s k provide the basis for fee compensation . Any deficiencies in the minimum work items identified shall cause the CITY to r eje ct 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. TASK 2.0 DESIGN DEVELOPMENT 2 .1 The CONSULTANT shall mee t with the City, observe the exi s ting site conditions, collect d a ta, and discuss project details and schedule. City shall furnish consultant with existing proj ect data in the City's possession. The CONSULTANT shall perform a field CSC East Cou r ts LED Li g hts Ca ll ander Associa tes C ity of Cuperti no EXHIBIT A May 15, 201 7 Page 2 of 5 EXHIBIT A SCOPE OF SERVICES Cupertino Sports Center East Courts LED Lighting investigation of the existing electrical system serving the sports facility to verify lighting conditions, physical conditions of poles and hardware, and lighting controls . 2.2 The CONSULTANT shall utilize the information gathered from visiting the site and program data obtained from the CITY and prepare design development plans at 1"=20 '. The design development plan shall include the following, at a minimum: (1) a site plan of the entire facility showing all the currently lighted tennis courts, (2) the City's program elements as defined in 2.1, (3) new LED tennis lighting layout for eleven (11) courts, (1) one stadium court and (1) one instructional comt, including use of motion sensor controls on each light fixture to provide automatic court control. Additionally, the CONSULTANT shall provide a project schedule through construction and an Estimate of Probable Construction Costs for the plan as shown. 2.3 The CONSULT ANT shall meet with City staff to discuss the design plan, proposed light fixtures, and cost estimate . The CITY shall provide written comments direction as necessary . TASK 2.0 DELIVERABLES: 2.1 Meeting agenda and summary ( electronic . pdf) 2.2 Design development plan, project schedule, and Estimate of Probable Construction Cost . 2.3 Meeting agenda and summary (electronic .pdf) TASK 3.0 CONSTRUCTION DOCUMENTS 3.1 The CONSULTANT shall incorporate City comments into a 95% Construction Document package. The 95% package shall consist of construction drawings, details, technical and material specifications, bid documents, and forms necessary to publicly bid the project in the City of Cupertino; project schedule; and a 95% Estimate of Probable Construction Cost. Documents shall be ready for public bid with the exception of minor corrections and final wet seals. 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. 3.2 The CITY shall review the 95% Construction Document package and provide written comments within ten (10) working days of the submission . 3.3 The CONSULTANT shall incorporate the CITY comments from 3.2 into a 100% Construction Bid Document package and submit it to the CITY. The submission shall CSC East Courts LED Lights Ca ll a nde r As s oci a te s C ity o f Cupertino EXHIBIT A May 15, 2017 Pa ge 3 of 5 EXHIBIT A SCOPE OF SERVICES Cupertino Sports Center East Courts LED Lighting include (1) original set of wet signed drawings and specifications suitable for reproduction, (2) an original 100% Estimate of Probable Construction Cost and (3) electronic pdf copies of (1) and (2). 3.4 CONSULT ANT shall assist the CITY with filing permit documents required by governmental authorities/PG&E having jurisdiction over the PROJECT, including the CITY's Building Deparhnent, if required. 3 .5 The CONSULT ANT 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 3.0 DELIVERABLES: 3 .1 95% Plans, Specifications, & Estimate of Probable Construction Cost 3 .3 100% Bid Document Package (One (1) original wet signed set suitable for reproduction and one (1) electronic copy pdf.) 3.5 Project Record Archive (One (1) project data file on archive quality electronic media, CD or DVD ROM in pdf format) End of TASK 3.0 TASK4.0 BID AND AWARD SERVICES 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. 4.2 The CONSULTANT shall assist the City in preparing bid addenda where clarification of the plans and technical specifications is necessary. 4.3 The CONSULTANT shall integrate the bid documents with any addenda issued during the bid and produce a conforming bid document set. 4.4 The CONSULT ANT shall assist the CITY in evaluating bids for technical compliance and contractor qualifications, if necessary. TASK 4.0 DELIVERABLES: 4.1 Bidder question response (as required). One (1) electronic copy pdf. 4.2 Bid addenda content (as require d). One (1) electronic copy pdf. 4.3 Conforming Bid Document set . One (1) electronic copy pdf. 4.4 Cons ultant bid evaluation . One (1) electronic copy pdf. CS C East Courts LE D Lights Ca llander As socia te s City o f Cupertino End of TASK 4.0 EXHIBIT A Ma y 15, 2017 Page 4 of 5 EXHIBIT A SCOPE OF SERVICES Cupertino Sports Center East Courts LED Lighting TASK 5.0 CONSTRUCTION SERVICES 5.1 The CONSULTANT shall assist the City in reviewing contractor submittals for conformance with the project plans and specifications and evaluating any proposed substitutions by providing a written response to the City. 5.2 The CONSULT ANT 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. 5.3 The CONSULTANT shall make three (3) visits to the project construction site during construction, observe the quality of work, and prepare a written summary of the observations. 5.4 The CONSULT ANT shall provide project AS BUILT project record drawings in AutoCAD from the Contractor's redlined project AS BUILT field drawing set. TASK 5.0 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 e lectronic copy pdf. 5 .4 AS BUILT Project Record Drawing Set. One (1) each electronic copy pdf. CSC Ea st Courts LED Lights Call a nde r Associates C ity of Cupertino End of TASK 5.0 END OF EXHIBIT A EXHIBIT A May 15, 201 7 Page 5 of 5 ATTACHMENT A EXHIBITB PERFORMANCE SCHEDULE All work under this Service Order shall be completed by December 31, 2017 . The task deliverables identified in Exhibit A, shall be received by City as indicated below: PROJECT DELIVERABLES (BY TASK) TASK 1.0-GENERAL-No deliverables TASK 2.0 -DESIGN DEVELOPMENT 2.1 2.2 2.3 Meeting agenda and summary Design Development plan, schedule, and estimate Meeting agenda and summary TASK 3.0 • CONSTRUCTION DOCUMENTS 3.1 3.3 3.5 95% Construction Document Package 100°/., Construction Bid Document Package Project Record Archive TASK 4.0 · BID AND AWARD SERVICES 4.1 4.2 4.3 4.4 Bidder question response (as required). Bid addenda content (as required). Conforming bid documents Consultant bid evaluation opinion. TASK 5.0 -CONSTRUCTION SERVICES 5 .1 5.2 5.3 5.4 Submittal reviews Request for Information responses (as required). Construction meeting/observation summaries AS BUILT Project Record Drawing Set DELIVERY SCHEDULE Two (2) business days prior/after Twenty (20) business days after 2.1 Two (2) business days prior/after Twenty (20) business days after 2.3 Ten (10) business days after 3.2 Five (5) business days after 5.4 Two (2) business days after receipt Two (2) business days after receipt Five (5) business days after bid date Two (2) business day after bids received Three (3) business days after receipt Three (3) business days after receipt Three (3) business days after site visit Ten (10) business days after receipt of field redline drawings. END OF EXHIBIT B CSC Eas t Courts LED Lighting Call ande r As sociates City of Cupertino EXHIBIT A May 15, 2017 Page I of 1 8 EXHIBITC COMPENSATION (1) BASE COMPENSATION The base compensation for this Consultant agreement shall not exceed twenty four thousand DOLLARS ($24,000.00). Any work performed in TASK 2.0, Scope of Services, which exceeds the base compensation amollllt shall be at no cost to CITY . 2) FEE BUDGET SCHEDULE The Fee Budget Schedule for this AGREEMENT shall be as follows : Task Task Description Task Compensation #1 General $-0- #2 : Design Development $ 8,000. #3: Consh·uction Documents $ 8,000. #4: Bid and Award Services $ 3,000 . #5: Construction Services $ 5,000 . TOTAL ~ 24£000.00 The CONSULT ANT 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 twenty four thousand DOLLARS ($24,000). 3). PAYMENT SCHEDULE The Payment Schedule for this AGREEMENT shall be as follows: % TASK COMPENSATION Task 112-Design Development 2.1 Meeting agenda and summary 5% 2.2 Design Development Plan, Schedule, and Estimate 70 % 2.3 Design Development Plan approval (meeting agenda and summary) 25% Task 113-Construction Documents 3 .1 95% Construction Document submittal 75% 3.3 100% Construction Bid Document submittal 20% 3.5 Project Archive 5% Task 114-Bid and Award Services 4.1 Bidder question response 30% 4.2 Bidder addenda response 30% 4.3 Conforming bid documents 30% 4.4 Consultant bid evaluation 10% CSC East Courts LED Lighting Callander Associates City of Cupertino EXHIBITC May 15, 2017 Page 1 of2 Task #5-Construction Services 5.1 Submittal review EXHIBITC COMPENSATION 5.2 Request for Information responses 5.3 Construction observation summaries 5.4 AS BUILT Project Record Drawings 60% 20% 10% 10% TI1e CONSULT ANT 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 CONSULT ANT is directly responsible for all SUBCONSULTANT payments . All SUBCONSUL TANT 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 DOLLARS ($2,000.00) for Additional Services not identified in ATTACHEMENTA. 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 CONSULT ANT shall use the billing rates identified in the CONSULTANT master agreement 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. 7). Maximum Compensation The maximum compensation for the entire Consultant agreement is twenty-six thousand DOLLARS ($26,000.00). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation shall be at no cost to CITY. CSC East Courts LED Lighting Callander Associates City of Cupertino END OF EXHIBIT C EXHlBITC May 15, 2017 Page 2 of 2 8 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT MA#: 2017-~ Service Order #: 3 Maximum Compensation: $ 175,000.00 Term: NTP: Approval by: Consultant: October 24, 2016 End Date: July 31, 2017 City Manager D Director [j] Date: 8/30/2016 City Council D Item #: ____ _ Date: Firm Name: Callander Associates Landscape Architect, Inc . Street: 1633 Bayshore Highway, Suite 133 City, State, Zip: Burlingame, CA 94010 Contact Name: A. Mark Slichter, Principal Phone: (650) 375-1359 PROJECT DESCRIPTION Project Name: Tennis Court Resurfacing-Various Parks (Varian & Monta Vista) (CIP # 2017-13) []]Description: (simple project description if appropriate) [0jAttachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Katy Jensen --'------------- Page 1 of2 Service Order No. 2 City of Cupertino MASTER AGREEMENT FOR CONSULT ANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on MA : S.O. # 1 420-99-015 Tennis Court Resurfacing -Various Parks (Memorial Park 2016/2017) S.O. # 2 Budget Cost Est-Memorial Pk . Tenn is Ct. Lights Replacement & Sr. Ctr. Walkway Replacement s.o. # ________________________ _ S.0. # ________________________ _ s.o. # ________________________ _ s.o. # ________________________ _ s.o . # ________________________ _ s.o. # ________________________ _ s.o. # ________________________ _ s.o. # ________________________ _ Amount $ 175,000 .00 $22,000.00 $3,100.00 Total Previously Encumbered to Date: $25,100 .00 Current Unencumbered amount in MA: $149,900.00 Encumbrance: S.O. # 3 420-99-015 Tennis Court Resurfacing -Various Parks (Varian & Manta Vista) $23,600.00 Contract Manager: APPROVALS Total Encumbered to Date including this S.O .: $48,700 .00 Master Agreement Balance: $126,300 .00 Date: ~/4-/"2<!>1-f=: l Consultant, LJ . {j_ A Lt~ Date , -'\ /t I_ 11 A7x;;,.\._~~,o-;rr--' -~x--1-__.__ Director of Public Works: ~ Date:---.~+.,' .... t _D_/....._.l.....,/7~--- Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature. City Finance: City of Cupertino Master Agreement ~ Management Analyst flf f'i{L {JD 1 , oa.o I °"' u 1 :t--11 rt-,, u P age 2 of2 Date: '-f(rolt~ Service Order No . 2 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Resurfacing The DESIGN PROFESSIONAL shall perform professional services as detailed in the following sections to produce design and construction documents for resurfacing two courts at Monta Vista Park and two courts at Varian Park. SECTION 1.0 GENERAL 1.1 Project Description: The DESIGN PROFESSIONAL shall produce design and construction documents necessary for resurfacing two courts at Monta Vista Park and two courts at Varian Park under a single construction contract. Improvements beyond court resurfacing are not included in this scope of services. 1.2 Project Construction Budget: The amount available for project construction contract is $225,000 including contingencies for design, bidding, and price escalation, not including construction contingency allowance . Project shall be designed to this budget. 1.3 The DESIGN PROFESSIONAL shall provide se rvices necessary required to complete the tasks identified in the Scope of Services . The performance of services by DESIGN PROFESSIONAL shall be to the satisfaction of the CITY, according to the project scope of serv ices and the standard of care provisions contained in this SERVICE ORDER. 1.4 The CITY's Department of Public Works shall manage the PROJECT and this SERVICE ORDER. The DESIGN PROFESSIONAL shall receive project direction only from the CITY's Director of Public Works or their authorized designee (hereinafter collectively "CITY"). The CITY shall resolv e conflicting direction from other groups, departments or agencies. 1.5 The DESIGN PROFESSIONAL shall coordinate the project scope of services with the CITY , other city DESIGN PROFESSIONALS, contractors or agencies as needed or directed by the CITY. 1.6 Estimate of Probable Construction Cost: A) The DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL, in consultation with the CITY, shall (a) include contingencies for design, bidding, and price escalations to determine which materials, equipment, Va rian and Monta Vi s ta Courts Res urfacing Callande r Ass oci a tes Ci ty o f Cupertino EXHIBIT A April 5, 201 7 Page 1 of 7 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Resurfacing component systems and type of construction are to be included in the PROJECT, and (b) make reasonable adjustments and/or to value engineer various items in Estimates of Probable Construction cost submitted in conjunction with the PROJECT. C) The DESIGN PROFESSIONAL shall update the Estimate of Probable Construction Cost with each project milestone and clearly identify changes from the previous estimate. D) DESIGN PROFESSIONAL shall advise the CITY in writing of 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 DESIGN PROFESSIONAL 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, 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 DESIGN PROFESSIONAL'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 SERVICE ORDER G) If the lowest responsive contractor bid exceeds the Construction Budget in 1.2 by more than fifteen percent (15%), DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL does not control market conditions and agrees that reductions in scope may be necessary to meet the CITY's construction budget. 1.7 DESIGN PROFESSIONAL shall assist the CITY with filing permit documents required by governmental authorities having jurisdiction over the PROJECT, including the CITY's Building Department, if required. 1.8 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 DESIGN PROFESSIONAL to make appropriate Varian and Manta Vista Courts Resurfacing Callander Associates City of Cupertino EXHIBIT A April 5, 2017 Page 2 of 7 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Resurfacing 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. SECTION 2.0. SCOPE OF SERVICES TASK 1.0 SCHEMATIC DESIGN 1.1 The DESIGN PROFESSIONAL shall meet with the City, observe the existing site conditions, collect data, and discuss project details and schedule. City shall furnish DESIGN PROFESSIONAL with existing project data in the City's possession . The DESIGN PROFESSIONAL shall evaluate the adequacy of the existing data and prepare a summary memo. The DESIGN PROFESSIONAL shall provide a written meeting summary to the CITY within five (5) business days. 1.2 The DESIGN PROFESSIONAL shall utilize the information obtained from the City and through the site investigation to: (1) prepare schematic plans at a scale of 1"=20' indicating the nature extent of court resurfacing, (2) develop an Estimate of Probable Project Costs for court resurfacing consistent with the schematic resurfacing plan, (3) assemble information on proposed materials, including but not limited to court surfacing, striping, and fencing . 1.3 The DESIGN PROFESSIONAL shall meet with City staff to discuss the schematic plan, proposed materials, and cost estimate. The DESIGN PROFESSIONAL shall provide a written meeting summary to the CITY within five (5) business days. TASK 1.0 DELIVERABLES: 1.1 Project Data Summary, meeting agenda, and meeting summary 1.2 Schematic Plans, Estimate of Probable Construction Cost 1.3 Meeting summary End of Task 1.0 TASK 2.0: DESIGN DEVELOPMENT 2 .1 The DESIGN PROFESSIONAL shall use the CITY provided written direction in Section 2.0, 1.3, for court resurfacing design development. Va rian and Monta Vista Courts Resurfacing EXHIBIT A Ca llander Associates City of Cupertino April 5, 2017 Page 3 of7 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Resurfacing 2.2 The DESIGN PROFESSIONAL shall provide the City with a draft project schedule within five (5) business days of the CITY 's project scope direction in 2.1 above. The draft schedule shall be compatible with the MS Project platform, contain project milestone, and identify the project specific critical path elements. The CITY shall review the schedule and prov ide written comments regarding the proposed schedule components within five (5) business days of receipt. 2.3 The DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL with written approval of the baseline project schedule within five (5) days of the final baseline schedule receipt. 2.4 The DESIGN PROFESSIONAL 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 changes to the baseline schedule in writing prior to the change. 2.5 The DESIGN PROFESSIONAL shall prepare base files for use in assembling construction drawings . Base files to be prepared using as-built drawings provided by the CITY . No topographic survey services included as a part of the scope of work. 2.6 The DESIGN PROFESSIONAL shall utilize the information gathered from visiting the site and program data obtained from the CITY and prepare design development plans at 1"=20' that includes the City's program elements and addresses site conditions. The sheets are anticipated to include the following: A. Title Sheet ( one sheet) B. Best Management Practices (BMP) ( one sheet, City provided) C. Court Resurfacing and Reference Plan (one sheet) D . Construction details (one sheet) E. Draft Technical specifications 2.7 The DESIGN PROFESSIONAL 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 . Varian and Monta Vis ta Courts Resurfacing Callander Associates City of Cupertino EXHIBIT A April 5, 2017 Page 4 of 7 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Re surfacing TASK 2.0 DELIVERABLES: 2 .2 Draft baseline schedule (el e ctronic .pd£) 2.3 Final baseline schedule (electronic .pdf) 2.6 Estimate of Probable Construction Cost (electronic .pdf) 2 .7 Meeting age nda and summary (electronic .pdf) End of Task 2.0 TASK 3.0 CONSTRUCTION DOCUMENTS Task 3.1 95% Construction Document Package 3 .1.1 The DESIGN PROFESSIONAL shall use the CITY direction obtained from Task 2.7 as the basis for the 95 % Construction Document package . 3.1 .2 The DESIGN PROFESSIONAL shall submit a 95 % Construction Docume nt package to the CITY . The 95 % package shall consist of construction drawings, details, technical specifications, material call outs, bid documents and forms necess ary to publicly bid the project in the City of Cupertino and a 95 % Estimate of Probable Construction Cos t. Documents shall be ready for public bid with the exception of minor corrections and final wet seals. All plan set submis sions shall be on 22" x 34" for full si ze and 11 " x 17" scalable at 50 % and electronic copies in pdf format. 3 .1.3 The CITY shall review the 95 % Construction Document package and prov ide written comments within ten (10) working days of the submission. 3 .1.4 The DESIGN PROFESSIONAL shall incorporate the CITY comments from 3.1.3 into a 100 % Construction Bid Document package and submit it to the CITY. The submission shall include (1) original set of wet signed drawings and specifications suitable for reproduction, (2) an original 100 % Estimate of Probable Construction Cost and (3) electronic pdf copies of (1) and (2). 3 .1.5 The DESIGN PROFESSIONAL shall submit a project data archive record consisting of all information, meeting summaries, drawings, communication, and other data used in the project dev elopment including City provided information. The Project Archive shall be on an archive quality e lectronic media CD or DVD ROM in pd£ format. Varian and Monta Vi s t a Courts Resurfa cing C a llande r Associates C i ty o f Cupertino EXHIBIT A A pril 5, 201 7 Page 5 of 7 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Re s urfacing Task 3.0 DELIVERABLES: 3.1 .2 95% Construction package as defined above. Five (5) bound copies and one electronic pd£ file. 3.1.4 100 % Bid Document Package (One (1) original wet signed set suitable for reproduction and one (1) electronic copy pd£.) 3.1.5 Project Archive (One (1) project data file on archive quality electronic media, CD or DVD ROM in pd£ format) End of Task 3.0 TASK 4.0 BID AND A WARD SERVICES 4.1 4.2 4.3 The DESIGN PROFESSIONAL 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 . The DESIGN PROFESSIONAL shall assist the City in preparing bid addenda where clarification of the plans and t ec hnical specifications is necessary . The DESIGN PROFESSIONAL shall assist the CITY in evaluating bids for technical compliance and contractor qualifications, if necessary. TASK 4.0 DELIVERABLES: 4.1 Bidder question response (as required). One (1) electronic copy pd£. 4.2 Bid addenda content (as required). One (1) electronic copy pd£. 4.3 DESIGN PROFESSIONAL bid evaluation opinion. One (1) electronic copy pd£. TASK5.0 5.1 End of Task 4.0 CONSTRUCTION SERVICES The DESIGN PROFESSIONAL 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 to the City. Varian and Monta Vista Courts Resurfacing EXHIBIT A April 5, 2017 Page 6 of 7 Ca llander Associa tes Ci ty of Cupertino 5.2 5.3 5.4 EXHIBIT A SCOPE OF SERVICES Varian and Monta Vista Courts Resurfacing The DESIGN PROFESSIONAL shall assist the City in answering contractor requests for information (RFI) that concern the project plans and s pecifications b y providing a written response and submitting to the City for review. The DESIGN PROFESSIONAL shall make three (3) visits to the project construction site, observe the quality of work and prepare a summary of the observations. The DESIGN PROFESSIONAL shall provide project AS BUILT project record drawing in AutoCAD from the Contractor's redlined AS BUILT field notations on the project AS BUILT field drawing set. TASK 5.0 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 As Built Project Record Drawing Set. One (1) each electronic copy pdf. End of Task 5.0 END OF EXHIBIT A Varian and Monta Vista Courts Re s urfacing EXHIBIT A Ca ll ande r Associates City of Cupertino April 5, 2017 Page 7 of 7 EXHIBIT B PERFORMANCE SCHEDULE All work under this SERVICE ORDER shall be completed by October 2, 2017. The task deliverables identified in EXHIBIT A, shall be received by the CITY as indicated below: PROJECT DELIVERABLES (BY TASK) DELIVERY SCHEDULE SECTION 2.0 TASK 1.0 PREDESIGN ACTIVITY-Project Data 1.1 1.2 1.3 Project Data Summary Memorandum Schematic Design, Estimate, and Regrading Opinion Meeting summary TASK 2.0 DESIGN DEVELOPMENT 2.2 2.3 2.6 2.7 Draft project schedule Final baseline schedule Estimate of Probable Construction Costs Meeting agenda and summary Five (5) business days after NTP Fifteen (15) business days after NTP Three (3) business days prior/after Five (5 business days after 1.3 Five (5) business days after 2.1 Fifteen (15) business days after 1.3 Five (5) business days prior/after TASK 3.0 SPORT COURT CONSTRUCTION DOCUMENTS 3.1.2 95% Construction Document Package 3.1.4 100 % Bid Document Package 3.1.5 Project archive TASK 4.0 BID AND AWARD SERVICES Task 4.0 Deliverables: 4.1 4.2 4.3 Bidder question response (as required). Bid addenda content (as required). Consultant Bid evaluation opinion Varian and Monta Vista Courts Resurfacing EXHIBIT B Callander Associates City of Cupertino Twenty (20) business days after 2.6 Ten (10) business days after 3.1.3 Fifteen (15) business days after project completion One (1) business day after receipt One (1) business day after receipt April 5, 2017 Page 1 of 2 EXHIBIT B PERFORMANCE SCHEDULE TASK 5.0 CONSTRUCTION SERVICES Task 5.0 Deliverables: Submittal review summaries. 5.1 5.2 5 .3 5.4 Request for Information responses (as required). Construction observation summaries. As Built Project Record Drawing Set Varian and Manta Vista Courts Re s urfacing Ca llander Associates City of Cupertino END OF EXHIBIT B EXHIBIT B Five (5) business days after receipt Three (3) business days after receipt Five (5) business days after site visit Fifteen (15) business days after project completion April 5, 2017 Page 2 of 2 1) Base Compensation EXHIBIT C COMPENSATION The base compensation for thi s SERVICE ORDER shall not exceed Twenty-one Thousand Six Hundred DOLLARS ($21,600). Any work performed in Section 2 .0, Scope of Services, which exceeds the base compensation amount shall be at no cost to CITY . 2) Fee Budget Schedule The Fee Budget Schedule for this SERVICE ORDER shall be as follows: Section 2.0 /f l: lt 2: lt3: lt4 : lt 5: Task Descr iption Schematic Design D esign Development Construction Documents Bid and Award Services Construction Services TOTAL Task~ ompensation $4,100. $ 3,500. $6,000. $ 2,500 . $ 5,500. $21,600. The DESIGN PROFESSIONAL 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 SERVICE ORDER compensation amount does not exceed Twenty-one Thousand Six Hundred DOLLARS ($21,600). 3). Payment Schedule The Payment Schedule for this SERVICE ORDER shall be as follows: TASK MILESTONE Task /fl -Schematic Design 1.1 Project Data Summary, meeting agenda, and meeting summary 1.2 Schematic Design Plan, and Estimate 1.3 Meeting Summary Task lt 2-Design Deve lopment Varian and Monta Vi s ta Courts Re s urfacing EXHIBIT C Callander Associates CITY of Cupertino PERCENT OF TASK COMPENSATION 30% 60% 10% April 5, 2017 Page 1 of 3 EXHIBIT C COMPENSATION 2.1 Draft Baseline Schedules 2.3 Final Baseline Schedule/Updates 2 .6 Color Design Development Plan and Estimate 2.7 CITY Design Development Approved Task #3 -Construction Documents 3.1.2 95% Submittal Approved 3.1.4 100 % Submittal Approved 3.1.5 Project Archive Task #4-Bid and Award Services 4.1 Bidder question response 4.2 Bidder addenda response Task #5-Construction Services 5.1 Submittal review 5.2 Request for Information responses 5.3 Construction observation summaries 5.4 As-Built Project Record Drawings 5% 5% 65% 25% 45% 45% 10% 50% 50% 30% 40% 20% 10% The DESIGN PROFESSIONAL may invoice according to the budget schedule only after the CITY provides written approval for the Task deliverables identified in Item C. 4). Subconultant Services. The DESIGN PROFESSIONAL is directly responsible for all subconsultant payments. All subconsultant compensation is included in the above Budget and shall be invoiced by the DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL services not identified in Exhibit A Item B, Tasks 1-3 . The DESIGN PROFESSIONAL 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 DOLLARS ($2,000.00) for Additional Services not identified in Exhibit A. The DESIGN PROFESSIONAL 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 DESIGN PROFESSIONAL shall use the billing rates below throughout the term of this agreement for time and material proposals . The DESIGN PROFESSIONAL shall invoice for authorized Additional Services performed the previous month according to the compensation schedule identified in the agreement addendum. Varian and Monta Vista Courts Resurfacing Ca llander Associates CITY of Cupertino EXHIBIT C April 5, 2017 Page 2 of3 EXHIBIT C COMPENSATION DESIGN PROFESSIONAL HOURLY RATES FOR ADDITONAL SERVICES Principal Senior Associate Associate Senior Project Manager Project Mana_ger 1 Project Manager 2 Construction Manager Job Captain Designer 1 Designer 2 Assistant Designer Project Administrator Accounting 7). Maximum Compensation $190/hour $178/hour $168/hour $152/hour $146/hour $138/hour $149/hour $127/hour $117/hour $1-08/hour $95/hour $105/hour $122/hour The maximum compensation for the entire SERYICE ORDER is Twenty-three Thousand Six Hundred DOLLARS ($23,600). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation shall be at no cost to CITY. END OF EXHIBIT C Varian and Monta Vista Courts Resurfacing EXHIBIT C Callander Associates CITY of Cupertino Apri l 5, 2017 Page 3 of 3 submit to City within the time specified by the City, a written proposal which includes, at a minimum, the specific scope of services, schedule of performance, and compensation. Following receipt and review of the written proposal, the parties will meet to discuss the proposal and the terms of the Service Order to be issued by the City. The City will prepare a Service Order, using the Service Order Form attached as Exhibit B, Service Order Form, attached hereto and incorporated herein, specifying the scope of Services, deliverables, the schedule of performance, compensation and any other applicable terms. The Director has the discretionary authority, but not the obligation, to streamline these procedures, e.g., conferring by telephone instead of meeting, when the Director deems it is in the City's best interest to do so. B. Service Order Execution. The Service Order must be executed by authorized representatives for each party before any Services may be performed. Design Professional will not be entitled to compensation for any Services performed without a duly authorized and fully executed Service Order. C. Reports. Design Professional must provide City with written reports concerning the status of Services required under this Agreement, at the time and in the form required by the City. 3. SCHEDULE OF PERFORMANCE: All Services must be provided within the time specified in the schedule of performance for each Service Order. All Services under this Agreement must be completed on or before the end of the Term. The schedule of performance for a Service Order may not extend beyond the Term. 4. COMPENSATION: A. Not to Exceed Limits. Compensation for Services provided under each Service Order will be based on the rates set forth in Exhibit C, Compensation, attached hereto and incorporated herein, and will be subject to any maximum compensation limit specified in the Service Order. The total, aggregate compensation to be paid to Design Professional during the Term of this Agreement may not exceed One Hundred Seventy -Five Thousand Dollars ($175,000). B. Invoices and Payments. City will pay Design Professional for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month, unless otherwise provided by a Service Order. Unless otherwise provided by a Service Order, each invoice must include, for each day Services were provided: 1. The name of each individual providing Services; 2. A succinct summary of the Services performed by each such individual; 3. The time spent by each individual providing those Services; 4. The applicable hourly billing rate and payment due; and 5. A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must conform to the City -approved rates set forth in Exhibit C. City of Cupertino Page 2 of 12 Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-MstrAgrmt (2016)] officials, agents, employees and volunteers (collectively, the "Indemnified Parties") 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 (collectively, "Liability"), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. B. Claims For Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will, to the fullest extent allowed by law, indemnify, defend, and hold harmless the Indemnified Parties 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 Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. Design Professional will 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 the Indemnified Parties. C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (B) above, Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights, including but not limited to copyright or patent rights, arises out of, pertains to, or relates to Design Professional's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice, expert fees and all other costs and fees of litigation. D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement, Design Professional must furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage required in this section. Such certificates, which do not limit Design Professional's indemnification obligations, must also contain substantially the following statement: "If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention: City Manager." Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the City of Cupertino Page 4 of 12 Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-MstrAgrmt(2016)] `�S D. Additional Insured Endorsements. City, its City Council, boards and commissions, officers, officials, employees, agents and volunteers must be named as additional insureds under all insurance coverages, except any worker's compensation and professional liability insurance, required by this Agreement. Any additional insured will 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 will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENT CONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner -independent contractor. The manner and means of providing the Services are under the control of Design Professional, 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 Design Professional's performance of the 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 Design Professional, its employees or agents. Deductions will 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 payments due to Design Professional. Payments for the above items, if required, are the responsibility of Design Professional. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement, including the Exhibits hereto, may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT CIRCA): Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services, pursuant to all applicable IRCA or other federal, or state laws, rules or regulations. Design Professional will indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: City of Cupertino Page 6 of 12 Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-MstrAgrrnt (2016)] l� documentation of its experience and capabilities and in its promotional materials. With respect to Design Professional's standard details, Design Professional may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Services. C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not limited to, patented, trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re -Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The original Services for which Design Professional was hired; 2. Completion of the original Services by others; 3. Subsequent additions to the original Services; and/or 4. Other City projects. E. Deliverables and Format. Electronic and hard copies of Design Professional's Work Product will constitute the Project deliverables. Plans must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single -sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Design Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services. All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional's normal business hours. Design Professional must give the City or its agents the right to examine and audit those items, and to make transcripts or copies as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, must be kept separate from other documents and records which are unrelated to this Agreement and must be maintained for a period of three years after receipt of final payment from the City. 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 Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. City of Cupertino Page 8 of 12 Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-MstrAgrmt (2016)] �5 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein, and the Agreement will 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 will be amended to make such insertion on application by either party. 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. I=F_1911,41C��1 The headings in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. DESIGN PROFESSIONAL Callander Associates Landscape Architecture, Inc By: Name: A. Mark Slichter g�1i6 Title: Principal Date: Tax I.D. No.: 94-3349947 Address: 311 Seventh Ave. San Mateo, CA 94401 Contract Amount: $175,000 Encumber by Service Order eo U (:� - 221 CITY OF CUPERTINO A Municipal Corporation By: ' Timir-Borden, Director of Public Works Date: s,1'2t/l(- APPROVED AS TO FORM: kLk V, Randolph Stevenson Hom, City Attorney ATTEST: GT—ace Schmidt, City Clerk 30 City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 12 of 12 [Callander-MstrAgrmt (2016)] A. General Performance Requirements For each assigned Project: Design Professional shall designate a Project manager and provide to City the names of their team members for the Project. The team members shall be satisfactory to City. Design Professional shall not substitute any team members without the prior approval of City. City retains the right to reject team members assigned by Design Professional or require replacement of team members. Design Professional shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. Design Professional shall be responsible for managing and coordinating the work of all sub -Design Professionals and subcontractors. 4. Design Professional shall consult and coordinate with the City and communicate with members of the Project team. Design Professional shall schedule meetings and prepare meeting agendas and minutes for all Project meetings. All minutes of meetings are due to the City within ten (10) calendar days after the meeting in a digital format and shall also be provided to other appropriate agencies and entities, as directed by City. 6. Design Professional shall communicate weekly with City's assigned Project Manager to provide an update on the current status of the Project and provide a brief written summary report. B. Specific Performance Requirements For each assigned Project, Design Professional may provide any or all of the following tasks and subtasks, as is required for the specific Project: Task 1.0 Feasibility and Programming Study 1.01 For budget programming purposes, analyze a Project proposal to identify and describe initial Project goals and objectives, develop a scenario to address Project goals and objectives, Project delivery process, and cost estimate to deliver the proposed Project. Task 2.0 Predesign and Conceptual Design 2.01 Background Data Assembly: Design Professional shall review Project data provided by the City including, but not limited to: topographic survey, geotechnical reports, traffic City of Cupertino Exhibit A Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 2 of 12 [Callander-Mstr Agrmt (2016)] MS 2.03 Meeting Summary 2.04 Scanned pdf's and one (1) hardcopy of each 2.05 Meeting Summary Task 3.0: Schematic Design 3.01 Meetings: The Design Professional shall participate in two (2) design team meetings with representatives of the City during the Schematic Design phase and provide written meeting minutes to the City within two (2) business days. 3.02 Schematic Plan: The Design Professional shall prepare a hand drawn color rendered schematic design, incorporating input from City on the previous conceptual designs. Plans shall be submitted to City with other Design Development Documents as noted below. 3.03 Costs, Schedule and Code Compliance: Design Professional shall prepare a Schematic cost estimate for the schematic plan presented, a design and construction schedule, and a written preliminary code requirement summary. 3.04 Parks and Recreation Commission Presentation: Design Professional shall prepare for and present the recommended design and the previous concepts to the Parks and Recreation Commission. 3.05 Council Presentation: Design Professional shall revise the Conceptual design per the P&R Commission input and prepare for and present the recommended Conceptual Design to City Council. 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3.01 Meeting Summaries 3.02 Scanned pdf and one (1) hardcopy 3.03 Estimate, schedule and code compliance summary 3.04 PowerPoint, large format presentation materials 3.05 PowerPoint, large format presentation materials City of Cupertino Exhibit A Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 4 of 12 [Callander-Mstr Agrnt (2016)] �S 4.04 Updated estimate, schedule and code compliance summary in pdf and three (3) hardcopies of each 4.05 pdf files and three (3) 8-1/2 X 11 bound hardcopies Task 5.0 Construction Documents 5.01 Meetings: The Design Professional shall participate in three (3) design team meetings with representatives of the City during the Construction Document phase and provide written meeting minutes to the City within two (2) business days. 5.02 60% Plan Preparation: The Design Professional shall prepare 60% Construction Documents and submit them to the City for approval. The 60% Construction Documents shall be a refinement of the Design Development drawings and shall include any sheets not previously submitted (erosion control, draft details, water use calculations, etc.). Plans shall be submitted to City with other 60% submittal documents as noted below. 5.03 60% Specifications: The Design Professional shall prepare 60% Construction specifications for the design development drawings. The specifications shall reflect the detail of the 60% Construction drawings. The Design Professional shall format its specifications to City's Standard Specification provided by the City at the beginning of the Project. The Design Professional shall assist the City in the development and preparation of the Project Manual that includes the Conditions of the Contract for Construction, Specifications, qualifications for prime and designated sub -contractors, bidding requirements and sample forms. 5.04 60% Costs, Schedule and Code Compliance: The Design Professional shall prepare a 60% Construction Document cost estimate for the submitted plans and specifications, and an updated code compliance review and schedule based on the submitted documents. 5.05 95% Plan Preparation: Design Professional shall prepare 95% plans, incorporating the CITY comments from the 60% Construction Document submission into the 95% Construction Document plans. Plans shall be submitted to City with other 95% Submittal Documents as noted below. City of Cupertino Exhibit A Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 6 of 12 [Callander-Mstr Agrmt (2016)] C �� 7 5.04 Updated estimate, schedule and code compliance summary in pdf and three (3) hardcopies of each 5.05 pdf files and three (3) full size plan sets 5.06 Technical Specifications in Word and three (3) bound 8-1/2 X 11 sets 5.07 Updated estimate, schedule and code compliance summary in pdf and three (3) hardcopies of each 5.08 permit application as pdf and hardcopies as required for processing 5.09 pdf files and three (3) full size hardcopies of listed items + one stamped signed record set of plans and specifications 5.10 pdf files and hardcopies as requested by City Task 6.0: Bid and Award 6.01 Bid Period Assistance: Design Professional shall provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the general contractor pre-bid meeting. b. Respond to bidders' questions until the question cutoff period identified in the bid documents package. c. Assist in the evaluation of bids as requested by the City. 6.02 Addenda Preparation: Design Professional shall update the Construction Document package to include all addenda issued during the Bid process and submit a Conformed Set of drawings and specifications to the City within ten (10) days of the contract award by the City Council. 6.0 Deliverables: (all deliverables digital unless otherwise noted) A. The Design Professional shall provide two (2) complete wet signed, stamped Conform Sets of Construction Documents and Technical Specifications that includes the 100% Construction Documents Package and all bid addenda. The submitted documents shall be in reproducible, hard copy format. City of Cupertino Exhibit A Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 8 of 12 [Callander-Mstr Agrmt (2016)] prepare Drawings and Specifications to describe Work to be added, deleted or modified. The Design Professional shall maintain all records relative to changes in the construction. 7.04 Construction Meetings: The Design Professional shall attend bi-weekly construction meetings, provide site observation and provide a summary report of the visit. The goal of these site visits is to become familiar with the progress and quality of construction, observe defects and deficiencies. 7.05 Performance Evaluations: The Design Professional shall prepare bi-monthly Contractor Performance Evaluations at the City's request and submit to the City for review and comment prior to distribution to the Contractor. The Design Professional shall deliver the City approved performance evaluation to the Contractor. 7.06 Claims and Disputes: The Design Professional shall advise the City on claims, disputes or other matters in question between the City and Contractor. The City shall be the final arbiter in all such matters. 7.07 Site Meetings: The Design Professional shall attend up to two (2) additional site meetings in the Construction Administration phase and provide meeting minutes to the City within two (2) business days. 7.08 Filing Warranties: Design Professional shall obtain from the Contractor and forward to the City, for the City's review and records, written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a Punch List which denotes the portion of the work of the Project that needs to be completed by the Contractor based upon a final observation indicating the construction of the Project is in general accordance with the requirements of the Contract Documents. 7.09 Substantial Completion: When the construction of the Project is found to be substantially completed by Design Professional, Design Professional shall advise the City about the balance of the Project construction to be completed and recommend the amount to be paid the Contractor, including any amounts estimated needed to pay for Final Completion or correction of the construction work. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-Mstr Agrrnt (2016)] Exhibit A Page 10 of 12 (R) Task 8.0: Additional Services Design Professional services not specifically identified in the Scope of Services shall be considered Additional Services. At the City's request, the Design Professional shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit B. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-Mstr Agent (2016)] Exhibit A Page 12 of 12 E) EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. The City will compensate the Design Professional for satisfactory performance of duly authorized Services, based on the hourly rate(s) set forth below. The hourly rates are deemed to include all costs including, salary, wages, benefits, taxes, insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit, overhead, vehicle, equipment and supply costs and the like. The hourly rates do not include reimbursable expenses, which are addressed below. These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Total compensation for Services provided pursuant to a Service Order, including reimbursable expenses, may not exceed the maximum compensation authorized under the Service Order. Design Professional Hourly Rates: Principal $ 190 Senior Associate $ 178 Associate $ 168 Senior Project Manager $ 152 Project Manager 1 $ 146 Project Manager 2 $ 138 Construction Manager $ 149 Job Captain $ 127 Designer 1 $ 117 Designer 2 $ 108 Assistant Designer $ 95 Project Administrator $ 105 Accounting $ 122 Reimbursable Expenses: Reimbursable expenses include the cost of items, other than direct labor, specifically required to perform the Services, excluding normal business operating expenses and overhead, which are included in the direct hourly rates set forth above. City will compensate Design Professional for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 8, Project Coordination, of the Agreement. The City will reimburse the Design Professional for allowable reimbursable expenses for the documented actual cost only, with no surcharge or markup for Design Professional administration. Reimbursable expenses must be separately identified on the Design Professional invoice and documentation of each reimbursable expense must be submitted to the City upon request and maintained as required under Section 18, Records, of the Agreement. Allowed reimbursable expenses include, but are not limited to: City of Cupertino Exhibit C Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 1 of 2 [Callander-Mstr Agrmt (2016)] MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC., FOR DESIGN PROFESSIONAL SERVICES FOR LANDSCAPE ARCHITECTURE SERVICES FOR VARIOUS PROJECTS This Master Agreement for Design Professional Services ("Agreement"), dated September 1, 2016, is entered into by and between City of Cupertino , a municipal corporation ("City"), and Callander Associates Landscape Architecture , Inc., a corporation ("Design Professional "). 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 . Design Professional represents that it is specially trained , experienced and competent to perform the landscape architecture services ("Services ") required by this Agreement. C . Design Profess ional represents that it is duly licensed in good standing by the State of California to perform such Services . D. City is entering into this Agreement in reliance upon Design Professional 's representations , set forth above , to provide the Services in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. TERM: The term of this Agreement ('Term") will begin on the date this Agreement is fully executed by both parties and will terminate on August 31, 2018 , unless terminated earlier as set forth below. 2. SERVICES TO BE PERFORMED: Design Professional will provide Services under this Agreement on an "as needed " basis , in response to and in compliance with this Agreement and the Scope of Services set forth in Exhibit A, Scope of Services , attached hereto and incorporated herein , and in compliance with each Service Order authorized by the City . The City has sole discretion to authorize any Service Order, but has no obligation to authorize any Service Order under this Agreement. Services may only be provided by Design Professional in response to and in compliance w ith a Service Order issued by the City's Director of Public Works or his or her delegee (collectively , "Director") in accordance with the following procedures , except or unless otherwise specified in Exhibit A: A. Service Order Development. The Director will provide a written request for Design Professional 's Services , including a request to schedule a meeting within a specified time to discuss the requested Services. The Design Profess ional will meet with the City within the time specified in the written request. After the initial meeting , Design Professional must City of Cu pe rtino Callander Asso c iates Landscape Archite cture Maste r Agreement for Lands cap e Archite ctu re Servi ces for Variou s Projects Page 1 of 12 [Ca/lander-Mstr Agrmt (2016)} submit to City within the time specified by the City , a written proposal which includes , at a minimum, the specific scope of services, schedule of performance , and compensation. Following receipt and review of the written proposal , the parties will meet to discuss the proposal and the terms of the Service Order to be issued by the City . The City will prepare a Service Order, using the Service Order Form attached as Exhibit B, Service Order Form, attached hereto and incorporated herein, specifying the scope of Services, deliverables, the schedule of performance , compensation and any other applicable terms . The Director has the discretionary authority , but not the obligation , to streamline these procedures , e.g ., conferring by telephone instead of meeting , when the Director deems it is in the City's best interest to do so . B. Service Order Execution. The Service Order must be executed by authorized representatives for each party before any Services may be performed . Design Professional will not be entitled to compensation for any Services performed without a duly authorized and fully executed Service Order. C. Reports. Design Professional must provide City with written reports concerning the status of Services required under this Agreement , at the time and in the form required by the City . 3. SCHEDULE OF PERFORMANCE: All Services must be provided within the time specified in the schedule of performance for each Service Order. All Services under this Agreement must be completed on or before the end of the Term . The schedule of performance for a Service Order may not extend beyond the Term . 4. COMPENSATION: A. Not to Exceed Limits. Compensation for Services provided under each Service Order will be based on the rates set forth in Exhibit C, Compensation, attached hereto and incorporated herein, and will be subject to any maximum compensation limit specified in the Service Order . The total , aggregate compensation to be paid to Design Professional during the Term of this Agreement may not exceed One Hundred Seventy-Five Thousand Dollars ($175 ,000). B. Invoices and Payments. City will pay Design Professional for Services satisfactorily provided under a Service Order, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month , unless otherwise provided by a Service Order. Unless otherwise provided by a Service Order, each invoice must include , for each day Services were provided : 1. The name of each individual providing Services ; 2. A succinct summary of the Services performed by each such individual ; 3 . The time spent by each individual providing those Services; 4 . The applicable hourly billing rate and payment due ; and 5. A detailed breakdown of all allowable expenses . All hourly rates and allowable expenses must conform to the City-approved rates set forth in Exhibit C. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 2of12 [Cal/ander-Mstr Agrmt (20 16)} ' I 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under each Service Order and for all of Design Professional's duties under this Agreement. Design Professional must at all times have sufficient, qualified staff or subconsultants assigned to provide timely provision of all Services under this Agreement. Design Professional must respond promptly to Service Order requests; and , when applicable , to contractor requests, including, but not limited to, requests for information , substitution requests and change order requests . 6. STANDARD OF CARE: All Services must be provided in a manner that meets or exceeds the standard of care applicable to the same type of design professionals performing similar work in the San Francisco Bay Area . Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by the City and who do not have any contractual relationship with City , with the exception of this Agreement. 7. ERRORS AND OMISSIONS: Design Professional is solely responsible for all of its or its subconsultants' errors and om issions and must promptly correct any and all such errors and omissions at its sole expense . Design Professional must also take appropriate measures to avoid or mitigate any delay , liability or costs resulting from any such errors or omissions . This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City's Representative. The Director's authorized delegee, Capital Improvement Program Manager, Katy Jensen , will be the City's representative for all purposes under this Agreement , serving as the Project Manager with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute Project Manager at any time , and without prior notice to the Design Professional. B. Design Professional's Representative. Design Professional will assign a single Project Executive, subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated Project Executive is A. Mark Slichter, Principal. If a substitute or replacement Project Executive is required for any reason, the City must be notified of the need as soon as possible , Design Profession a l's designation of the individual proposed to serve as the substitute or replacement will be subject to the Director's prior written approval. Design Professional is not entitled to compensation for the time required for the substitute or replacement Project Executive to obtain sufficient knowledge of the required Services to fully assume the former Project Executive 's responsibilities . 9. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design Professional will , 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 , City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects officials , agents , employees and volunteers (collectively, the "Indemnified Parties ") 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 (collectively , "Liability "), that arise out of, pertain to , or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees, officers , officials, agents or subconsultants . Such costs and expenses shall include reasonable attorney fees for legal counsel of City 's choice , expert fees and all other costs and fees of litigation . Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties . In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City , in analyzing , defending, and resolving such Liability . B. Claims For Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will , to the fullest extent allowed by law, indemnify , defend, and hold harmless the Indemnified Parties 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 Design Professional or Design Professional's employees , officers, officials , agents or subconsultants . Such costs and expenses shall include reasonable attorney fees for legal counsel of City 's choice , expert fees and all other costs and fees of litigation . Design Professional will 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 the Indemnified Parties . C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (B) above , Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights , including but not limited to copyright or patent rights , arises out of, pertains to , or relates to Design Professional 's negligence , recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City's choice , expert fees and all other costs and fees of litigation. D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement , Design Professional must furnish City with certificates showing the type, amount , effective dates and dates of expiration of insurance coverage required in this section . Such certificates , which do not limit Design Professional's indemnification obligations , must also contain substantially the following statement: "If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention : City Manager." Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Arc hitecture Services for Various Projects Page 4of12 {C•ll•nd"-M"' Ag,mt [2016)} e commercial general liability and commercial automobile liability policies , as further specified below. A. Coverage. Design Professional must maintain the following insurance coverage : 1. Workers' Compensation: Statutory coverage as required by the State of California . If Design Professional is self-insured , it must provide its duly authorized Certificate of Permiss ion to Self-Insure . 2 . Liability: Commercial general liability coverage in the following minimum limits : Bodily Injury: $500,000 each occurrence $1,000 ,000 aggregate -all other Property Damage: $100 ,000 each occurrence $250 ,000 aggregate If submitted , combined single limit policy with aggregate limits in the amounts of $1 ,000 ,000 will be considered equivalent to the required minimum limits shown above . 3. Automotive: Commercial automotive liability coverage for owned , non-owned and hired vehicles , 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 Design Professional in the amount of at least $1,000,000 per claim and in the aggregate . The professional liability insurance must include prior acts coverage , which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B . Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City's insurers . Design Professional agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Design Professional will look solely to its insurance for recovery . C. Failure to Comply. If Design Professional at any time during the Term of this Agreement fails to secure or maintain the required insurance , City may obtain or maintain the insurance in the Design Professional's name or on behalf of the Design Professional and will be compensated by the Design Professional 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 . City of Cupertino Callander Associates Landscape A rch itecture Master Agreement for Landscape Architecture Services for Various Projects Page 5of12 [Cal/ander-Mstr Agrmt (2016)] D. Additional Insured Endorsements. City , its City Council , boards and commissions, officers , officials, employees, agents and volunteers must be named as additional insureds under all insurance coverages, except any worker 's compensation and professional liability insurance, required by this Agreement. Any additional insured will 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 will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENT CONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner-independent contractor . The manner and means of providing the Services are under the control of Design Professional , 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 Design Professional's performance of the 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 Design Professional , its employees or agents . Deductions will 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 payments due to Design Professional. Payments for the above items, if required, are the responsibility of Design Professional. 12. SUBCONSUL TANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement, including the Exhibits hereto, may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services , pursuant to all applicable IRCA or other federal , or state laws, rules or regulations. Design Professional will indemnify and hold City harmless from and against any loss , damage, liability , costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 6of12 [Callander-Mstr Agrmt (2016)} Consistent with City's policy that harassment and discrimination are unacceptable employer or employee conduct , Design Professional agrees that harassment or discrimination directed toward a job applicant, an employee, a City employee , or any other person , by Design Professional or Design Professional's employees or subconsultants on the basis of race, religious creed , color, national origin, ancestry , handicap , disability, marital status, pregnancy , sex , age , sexual orientation , or any other protected classification will not be tolerated. Any violation of this provision by Design Professional , its employees , subconsultants or agents constitutes a material breach of this Agreement , and grounds for termination for cause. 15. PROHIBITION AGAINST TRANSFERS: Design Professional will 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 City 's consent will be null and void, and any assignee , sublessee, hypothecate or transferee will acquire no right or interest by reason of any attempted assignment, hypothecation or transfer . The sale , assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Professional, or of the interest of any general partner or joint venturer or syndicate member or cotenant , if Design Professional is a partnership or joint venture or syndicate or cotenancy , which results in changing the control of Design Professional as a legal entity , will be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the business entity . 16. PERMITS AND LICENSES: Design Professional , at its sole expense , must 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 the Services . 17 . WORK PRODUCT: A. Property Rights. Any interest (including copyright interests) of Design Professional or its subconsultant(s) in any work product, document, report, draft, memoranda , map , record, plan, drawing, specification and other deliverable , in any medium (collectively, "Work Product"), which has been prepared or created by Design Professional or its subconsultant(s) pursuant to or in connection with this Agreement , will be the exclusive property of City. No Work Product , information or other data given to or prepared, created , or assembled by Design Professional or its subconsultant(s) pursuant to this Agreement may be made available to any individual or organization by Design Professional or its subconsultant(s) without prior written approval by City . All provisions of this section survive expiration or termination of this Agreement. B. Copyright. To the extent permitted by Title 17 of U.S. Code , all Work Product prepared or created under this Agreement is deemed works for hire and all copyrights in such Work Product will be the property of City. In the event that it is ever determined that any Work Product prepared or created by Design Professional or any subconsultant under this Agreement are not works for hire under federal law, Design Professional hereby assigns to City all copyrights to such Work Product when and as created. Subject to City 's prior written approval , Design Professional may retain and use copies of such Work Product for reference and as City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 7of12 [Callander-Mstr Agrmt (2016)} documentation of its experience and capabilities and in its promotional materials . With respect to Design Professional's standard details , Design Professional may retain the copyright , but grants to City a perpetual non-exclusive license to use such details in connection with the Services. C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not limited to, patented, trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re-Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The original Services for which Design Professional was hired; 2. Completion of the original Services by others; 3. Subsequent additions to the original Services; and/or 4. Other City projects. E. Deliverables and Format. Electronic and hard copies of Design Professional's Work Product will constitute the Project deliverables . Plans must be in CAD and PDF formats, and unless otherwise specified , other documents must be in Microsoft Office applications and PDF formats. All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single-sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales , costs , expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Design Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services . All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional's normal business hours. Design Professional must give the City or its agents the right to examine and audit those items, and to make transcripts or copies as necessary, and to inspect all work, data, documents , proceedings and activities related to this Agreement. Such records , together with supporting documents, must be kept separate from other documents and records which are unrelated to this Agreement and must be maintained for a period of three years after receipt of final payment from the City. 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 Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects Page 8of12 [Callander-Mstr Agrmt (20 16)} 19. NOTICES: All notices, demands , requests or approvals to be given under this Agreement must be given in writing and will 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 ; or upon confirmation of delivery by a reputable overnight delivery service . A. To City. All notices, demands , requests, or approvals from Design Professional to City must be addressed to City at: City of Cupertino 10300 Torre Ave . Cupertino CA 95014 Attention : Katy Jensen , C I P Manager B. To Design Professional. All notices , demands, requests, or approvals from City to Design Professional must be addressed to Design Professional at: Callander Associates Landscape Architecture 311 Seventh Ave . San Mateo, CA 94401 Attention : A. Mark Slichter, Principal 20. TERMINATION: A. Termination for Convenience. City may, at any time , acting in its sole discretion and without cause, terminate this Agreement for convenience by giving written notice to Design Professional at least seven days before the effective date of the termination . If the Agreement is terminated pursuant to this paragraph , the City will compensate Design Professional for all Services satisfactorily performed prior to the effective date and time of the termination , in accordance with this Agreement. B. Termination for Cause. If Design Professional fails or refuses to perform any of its duties under this Agreement at the time and in the manner required , Design Professional will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Design Professional within the time specified in the City's written notice of default , or if the Design Professional has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Design Professional at least seven days before the effective date of the termination , unless otherwise specified in the written notice of default. C. Duties upon Termination. If the Agreement is terminated , whether for convenience or cause , within seven days of the effective date of the termination , Design Professional must promptly deliver to City copies of all Work Product, deliverables , or documents prepared by Design Professional under this Agreement, including both print and electronic versions. Full compliance with this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. City of Cupertino Callander Associates Landscape Archite cture Maste r Agreement for Landscape Arc hitecture Services for Various Projects Page 9 of 12 [Callander-Mstr Agrmt (2016)} 21. LEGAL REQUIREMENTS: Design Professional must comply with all applicable local , state or federal laws , rules and regulations , and all ordinances , rules and regulations enacted or issued by City . In addition , if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services : A. Prevailing Wages. To the extent applicable , Design Professional must comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq . B. Working Day. To the extent applicable , Design Professional must comply with California Labor Code Section 1810, et seq . which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week , must be compensated as overtime, at not less than 1 % times the basic rate of pay. C. Payroll Records. To the extent applicable , Design Professional must comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification , straight time and overtime hours worked each day and week , and the actual per diem wages paid to each journeyman , apprentice, worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776. D. Apprentices. To the extent applicable, Design Professional must comply with California Labor Code Section 1777.5 regarding apprentices . 22. DISPUTE RESOLUTION: This Agreement will 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 must be filed with the Superior Court for the County of Santa Clara , State of California, and no other place . If the parties engage in arbitration to resolve a dispute relating to this Agreement , the arbitrator's award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action , including a complaint or cross-complaint , arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs for any arbitration , appeal , or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Design Professional. This section survives expiration or termination of the Agreement. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Proje cts Page 10 of 12 [Cal/ander-Mstr Agrmt (2016)} 24. ADVERTISEMENT: Design Professional may not post, exhibit, display or allow to be posted , exhibited , displayed any signs , advertising, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City . 25. WAIVER: A waiver by City of any breach of any term , covenant , or condition contained herein will 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. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. 27. RECITALS: The parties agree that the above recitals , which are made part of this Agreement , are true and correct. 28. INTEGRATED AND AMENDMENT: 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 will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Design Professional. If any provision of this Agreement is determined to be illegal , invalid , or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Design Professional warrants that it is not a conflict of interest for Design Professional to perform the Services required by this Agreement. Design Professional may be required to fill out a conflict of interest form if the Services provided under this Agreement require Design Professional 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 . 30. GIFTS: Design Professional is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee , as set forth in City Administrative Procedures. Design Professional agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. Offering or giving a prohibited gift constitutes a material breach of this Agreement by Design Professional. In addition to any other remedies City may have in law or equity , City may terminate this Agreement for cause as provided in Section 20 of this Agreement. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Lands cape Architecture Services for Vari o us Projects Page 11 of 12 [Callander-Mstr Agrmt (2016)] 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein , and the Agreement will 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 will be amended to make such insertion on application by either party . 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right , power , and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement , which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts , each one of which is deemed an original and all of which , taken together, constitute a single binding instrument. 33. HEADINGS: The headings in this Agreement are for convenience only , are not a part of the Agreement and in no way affect , limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF , the parties have caused the Agreement to be executed . DESIGN PROFESSIONAL Callander Associates Landscape Architecture , Inc By G .~ ~ ' '~ Name: A. Mark Slichter 9 ' \9 ' \ 6 Title: Principal Date : Tax l.D . No .: 94-3349947 Address: 311 Seventh Ave . San Mateo . CA 94401 CITY OF CUPERTINO A Municipal Corporation ~rrn ~-c-to-r -of Public Works Date : ~/ 2-f/! (. APPROVED AS TO FORM : .kU\. ~Randolph Stevenson Hom , City Attorney Contract Amount: $175 ,000 Encumber by Service Order fl> k { ~ ... z;;...J1 City of Cupertino Callander Associates Lands cape Architecture Master Agreement for Landscape Arc hite cture Services fo r Vari o us Proj ects Page 12of12 (Callander-Mstr Agrmt (2016)] Exhibit A Scope of Services Design Professional shall provide certain Landscape Architecture services as required and requested by City . Design Professional shall provide services under this Master Agreement on an "as needed " basis and only (1) upon written request from City 's Director of Public Works or authorized Agent as defined in Section 8, Project Coordination and (2) as defined in a fully executed Service Order. Section 1-General Provisions A. Design Professional shall perform all services to the satisfaction of City 's Public Works Director or authorized Agent. B. Design Professional shall perform all services under this agreement to the currently prevailing professional standards and quality found among Landscape Architecture Design Professionals with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances . C. Design Professional shall perform services under this Master Agreement only by authorization of a fully executed Service Order which shall clearly provide the nature of the specific services , the time limit within which such services must be completed , and the compensation for such services . City shall incorporate each authorized and fully executed Service Order into the terms and conditions of this Master Agreement . D. Design Professional shall begin work only after receipt of a fully authorized and executed Service Order and shall execute the Project work as detailed in the Service Order. Unauthorized services performed by Design Professional shall be at no cost to City. E. City shall designate a Project Manager for each fully executed Service Order under this Agreement. Design Professional shall coordinate the Service Order performance with City 's designated Project Manager. Section 2 . Basic Services As authorized by a fully executed Service Order , Design Professional shall provide Landscape Architecture services for various City Public Works Projects in accordance with the following : City of Cupertino Callander Assoc iates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Proje cts [Callande r-M str Agrm t (2016)] Exhibit A Page 1 of 12 A. General Performance Requirements For each assigned Project: 1. Design Professional shall designate a Project manager and provide to City the names of their team members for the Project. The team members shall be satisfactory to City . Des ign Professional shall not substitute any team members without the prior approval of City . City retains the right to reject team members assigned by Design Professional or require replacement of team members. 2. Design Professional shall effectively manage and administer the Project for the efficient, progressive , and proactive delivery of the Project. 3. Design Professional shall be responsible for managing and coordinating the work of all sub-Design Professionals and subcontractors . 4. Design Professional shall consult and coordinate with the City and communicate with members of the Project team . 5. Des ign Professional shall schedule meetings and prepare meeting agendas and minutes for all Project meetings . All minutes of meetings are due to the City within ten (10) calendar days after the meeting in a digital format and shall also be provided to other appropriate agenc ies and entities, as directed by City . 6 . Design Professional shall communicate weekly with City 's assigned Project Manager to provide an update on the current status of the Project and provide a brief written summary report . 8. Specific Performance Requirements For each assigned Project , Design P rofessional may provide any or all of the following tasks and subtasks , as is required for the specific Project: Task 1.0 Feasibility and Programming Study 1.01 For budget programming purposes , analyze a Project proposal to identify and describe initial Project goals and objectives , develop a scenario to address Project goals and objectives , Project delivery process , and cost estimate to deliver the proposed Project. Task 2.0 Predesign and Conceptual Design 2.01 Background Data Assembly: Design Professional shall review Project data provided by the City including , but not limited to : topographic survey, geotechnical reports , traffic City of Cupertino Callander Assoc iates Lands cape Archite ct ure Mas ter Agree ment for Lands cape Archite cture Se rv ice s for Variou s Projects [Callander-Mstr Agrmt (2016)] Exhib it A Page 2of12 studies, CEQA documents , other environmental studies, tree surveys , arborist's reports , approved Master Plan, or other such data . The Design Professional shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Design Professional by the City or the City 's agents . 2.02 The Design Professional shall identify discrepancies or shortcomings among the existing data , and identify solutions for resolution , and propose generation of additional site information necessary to provide an accurate Project base map. 2.03 The Design Professional shall utilize existing data to the extent possible and inform the City immediately of problems associated with using existing data for Project base information. 2.04 Base Sheet Preparation: The Design Professional shall compile survey and other data as made available into a base sheet create Project base information in AutoCAD 2015 for use in subsequent Project design tasks and submit to the City for review and comment. The base information shall utilize topographic survey as furnished by the City or by the Design Professional , according to the agreement. 2.04 Outreach: Design Professional shall conduct outreach with groups as identified by the City to establish design program . 2.05 Conceptual Alternative Development: Design Professional shall prepare three (3) hand drawn , color rendered conceptual solutions for the Project, each which address the primary Project issues and budget. 2.06 Staff Review: Design Professional shall present each concept to the City with analysis for evaluation . The City shall select one concept as the preferred solution and provide the Design Professional with written direction to proceed with that concept. 2.0 Deliverables: (all deliverables digital unless otherwise noted) 2.01 Source Document Listing 2.02 Base sheet City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Ca ll ander-Mstr Agrmt (20 16)] Ex hibit A Page 3 of 12 2.03 Meeting Summary 2.04 Scanned pdf's and one (1) hardcopy of each 2.05 Meeting Summary Task 3.0: Schematic Design 3.01 Meetings: The Design Professional shall participate in two (2) design team meetings with representatives of the City during the Schematic Design phase and provide written meeting minutes to the City within two (2) business days . 3.02 Schematic Plan: The Design Professional shall prepare a hand drawn color rendered schematic design, incorporating input from City on the previous conceptual designs . Plans shall be submitted to City with other Design Development Documents as noted below. 3.03 Costs, Schedule and Code Compliance : Design Professional shall prepare a Schematic cost estimate for the schematic plan presented, a design and construction schedule, and a written preliminary code requirement summary . 3.04 Parks and Recreation Commission Presentation: Design Professional shall prepare for and present the recommended design and the previous concepts to the Parks and Recreation Commission. 3.05 Council Presentation: Design Professional shall revise the Conceptual design per the P&R Commission input and prepare for and present the recommended Conceptual Design to City Council. 3.0 Deliverables: (all deliverables digital unless otherwise noted) 3 .01 Meeting Summaries 3.02 Scanned pdf and one (1) hardcopy 3.03 Estimate , schedule and code compliance summary 3.04 PowerPoint, large format presentation materials 3 .05 PowerPoint , large format presentation materials City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-Ms tr Agrmt (20 16)] Ex hibit A Page 4of12 Task 4. 0 Design Development 4.01 Meeting: The Design Professional shall participate in one (1) design team meeting with representatives of the City during the Design Development phase and provide written meeting minutes to the City within two (2) business days . 4.02 Design Development Plan (35% Submittal): Using the City approved schematic plan as a starting point , The Design Professional shall prepare Design Development Plans and submit them to the City for approval. The plans shall be prepared digitally (CAD files) and shall be a refinement of the schematic plan . The plans shall be formatted per City standards and draft plan view sheets for all items of work (demolition, earthwork , site construction irrigation, planting, details) shall be included . Plans shall be submitted to City with other Design Development Documents as noted below. 4.03 Design Development Specifications: The Design Professional shall prepare Design Development specifications for the design development drawings. The specifications shall indicate proposed organization and sections anticipated based on the Design Development drawings. 4.04 Costs, Schedule and Code Compliance: Design Professional shall prepare a Design Development cost estimate for the submitted plans and specifications, an updated design and construction schedule, and an updated code compliance review. 4.05 Furnishings and Materials Booklet: Design Professional shall assemble images , details , catalog cuts, etc. that further convey design intent. Booklet to be in 8-1/2 X 1 format, bound, with document name, Project name and date clearly indicated . 4.0 Deliverables: (all deliverables digital unless otherwise noted) 4.01 Meeting Summary 4 .02 pdf files and three (3) full size plan sets 4 .03 Specification outline City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Ca ll ander-Mstr Agrmt (20 16)] Exhibit A Page 5 of 12 4 .04 Updated estimate , schedule and code compliance summary in pdf and three (3) hardcopies of each 4.05 pdf files and three (3) 8-1/2 X 11 bound hardcopies Task 5.0 Construction Documents 5.01 Meetings: The Design Professional shall participate in three (3) design team meetings with representatives of the City during the Construction Document phase and provide written meeting minutes to the City within two (2) business days . 5.02 60% Plan Preparation: The Design Professional shall prepare 60% Construction Documents and submit them to the City for approval. The 60% Construction Documents shall be a refinement of the Design Development drawings and shall include any sheets not previously submitted (erosion control , draft details , water use calculations , etc.). Plans shall be submitted to City with other 60% submittal documents as noted below. 5.03 60% Specifications: The Design Professional shall prepare 60% Construction specifications for the design development drawings . The specifications shall reflect the detail of the 60% Construction drawings . The Design Professional shall format its specifications to City's Standard Specification provided by the City at the beginning of the Project. The Design Professional shall assist the City in the development and preparation of the Project Manual that includes the Conditions of the Contract for Construction, Specifications, qualifications for prime and designated sub-contractors, bidding requirements and sample forms. 5.04 60% Costs, Schedule and Code Compliance: The Design Professional shall prepare a 60% Construction Document cost estimate for the submitted plans and specifications, and an updated code compliance review and schedule based on the submitted documents. 5.05 95% Plan Preparation: Design Professional shall prepare 95% plans, incorporating the CITY comments from the 60% Construction Document submission into the 95% Construction Document plans . Plans shall be submitted to City with other 95% Submittal Documents as noted below. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-Mstr Agrmt (2016)] Exhibit A Page 6 of 12 5.06 95% Specifications: Design Professional shall assist the City in the development and preparation of the Project Manual that includes the Conditions of the Contract for Construction , Specifications, qualifications for prime and designated sub-contractors, bidding requirements , add alternatives , and sample forms. Design Professional shall format its specifications to City's Standard Specification sections . 5.07 95% Costs, Schedule and Code Compliance: Design Professional shall prepare a 95% cost estimate for the 95% plans , shall update the Project schedule and shall update the code compliance determination. 5.08 Permit Application: Design Professional shall submit 95% Construction Document Package to the City of Cupertino Building Department for building permit review . The Building Department submittal shall include all applicable reports and calculations required to obtain a City building permit for the Project. 5.09 100% Plan Preparation: The City shall provide written comments on the 95% Construction Documents and the Design Professional shall incorporate comments into the 100% plans, specifications , and cost estimate . 5.10 100% Costs, Schedule and Code Compliance: The Design Professional shall submit a 100 % Construction Document Estimate of Probable Cost to the City according to the Appendix D minimum requirements. 5.10 100% Submittal: The Design Professional shall submit the 100 % Construction Document drawings , specifications , and code compliance review to the City along with all other City requirements to the City of Cupertino Building Department and obtain a building permit for the Project. 5.0 Deliverables: (all deliverables digital unless otherwise noted) 5.01 Meeting Summaries 5.02 pdf files and three (3) full size plan sets 5 .03 Technical Specifications in Word and three (3) bound 8-1/2 X 11 sets City of Cupertino Callander Associates Lands cape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-Mstr Agrmt (2016)] Exhibit A Page 7of12 5.04 Updated estimate , schedule and code compliance summary in pdf and three (3) hardcopies of each 5.05 pdf files and three (3) full size plan sets 5 .06 Technical Specifications in Word and three (3) bound 8-1/2 X 11 sets 5.07 Updated estimate , schedule and code compliance summary in pdf and three (3) hardcopies of each 5.08 permit application as pdf and hardcopies as required for processing 5.09 pdf files and three (3) full size hardcopies of listed items + one stamped signed record set of plans and specifications 5 .10 pdf files and hardcopies as requested by City Task 6.0: Bid and Award 6.01 Bid Period Assistance: Design Professional shall provide the following bid phase services, at the City's request , through award of the construction contract: a. Attend the general contractor pre-bid meeting. b . Respond to bidders' questions until the question cutoff period identified in the bid documents package . c . Assist in the evaluation of bids as requested by the City. 6.02 Addenda Preparation: Design Professional shall update the Construction Document package to include all addenda issued during the Bid process and submit a Conformed Set of drawings and specifications to the City within ten (10) days of the contract award by the City Council. 6.0 Deliverables: (all deliverables digital unless otherwise noted) A. The Design Professional shall provide two (2) complete wet signed, stamped Conform Sets of Construction Documents and Technical Specifications that includes the 100% Construction Documents Package and all bid addenda . The submitted documents shall be in reproducible, hard copy format. City of Cupertino Callander Associates Lands cap e Architecture Master Agreement for Landscape Architecture Services for Various Projects [Callander-Mstr Agrmt (2016)] Exhibit A Page 8of12 B. The Design Professional shall provide two (2) complete electronic format Conform Set Construction Documents and Technical Specifications in both native file formats (AutoCAD , MS Word) and pdf on a City compatible CD/DVD ROM disk media. Compatibility with the City hardware shall be verified by the Design Professional prior to final submission . Task 7.0: Construction Administration Design Professional's responsibility to provide the Construction Administration Services commences with the construction contract award and ends with submission of the final Project Punch List. Design Professional shall advise the City, in writing, of any construction items that are not in conformance with the Contract Documents . Design Professional shall have reasonable access to the construction of the Project wherever it is in preparation or progress as appropriate to meet its obligations under this Agreement. Duties , responsibilities and limitations of authority of Design Professional under this Task shall not be restricted , modified or extended except by advance, written agreement between City and Design Professional. 7.01 Submittal Review: The Design Professional shall review and approve or reject the Contractor's submittals within five (5) working days of receipt. The Consultant may request additional review time for particularly complex or unusual submittals. The City shall not grant additional review time for standard construction item submittals . The Design Professional shall maintain a detailed record of all submittals and content supplied by the Contractor. 7.02 Requests for Information: The Design Professional shall review Contractor Requests for Information and provide a written response to the Contractor with a copy to the City, within five (5) working days of receipt. The Design Professional 's response shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. 7.03 Change Orders: Design Professional shall review and advise the City on requests by the City or Contractor for changes in the construction of the Project. The Design Professional shall review City prepared Contract Change Orders shall , where necessary, City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Ca ll ander-Mst r Agrmt (20 16)] Exhibit A Page 9of12 prepare Drawings and Specifications to describe Work to be added , deleted or modified . The Design Professional shall maintain all records relative to changes in the construction . 7.04 Construction Meetings: The Design Professional shall attend bi-weekly construction meetings, provide site observation and provide a summary report of the visit. The goal of these site visits is to become familiar with the progress and quality of construction , observe defects and deficiencies. 7.05 Performance Evaluations: The Design Professional shall prepare bi-monthly Contractor Performance Evaluations at the City's request and submit to the City for review and comment prior to distribution to the Contractor. The Design Professional shall deliver the City approved performance evaluation to the Contractor. 7.06 Claims and Disputes: The Design Professional shall advise the City on claims , disputes or other matters in question between the City and Contractor. The City shall be the final arbiter in all such matters. 7.07 Site Meetings: The Design Professional shall attend up to two (2) additional site meetings in the Construction Administration phase and provide meeting minutes to the City within two (2) business days. 7.08 Filing Warranties: Design Professional shall obtain from the Contractor and forward to the City , for the City's review and records , written warranties and related documents required by the Contract Documents and assembled by the Contractor, and shall issue a Punch List which denotes the portion of the work of the Project that needs to be completed by the Contractor based upon a final observation indicating the construction of the Project is in general accordance with the requirements of the Contract Documents . 7.09 Substantial Completion: When the construction of the Project is found to be substantially completed by Design Professional, Design Professional shall advise the City about the balance of the Project construction to be completed and recommend the amount to be paid the Contractor, including any amounts estimated needed to pay for Final Completion or correction of the construction work. City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Services for Various Projects [Ca ll ande r-Mstr Agrmt (2016)] Exhibit A Page10of12 7.10 Final Completion: Design Professional's observations for Final Completion shall be conducted with the City's designated representative to check conformance of the construction of the Project with the requirements of the Contract Documents and to verify the accuracy and completeness of the list submitted by the Contractor of work to be completed or corrected . 7.11 Record Document Preparation and Project Close-Out: a. Design Professional shall review the Contractor's checklist for completion of all required Contractor submittals and shop drawings as indicated in the Contract Documents. b. Design Professional shall review Contractor-supplied operation and maintenance manuals for completeness as noted in the Contract Documents . c. Design Professional shall review contractor warranties as noted in the Contract Documents. d. Design Professional shall review final pay request from Contractor for accuracy as noted in the Contract Documents . e. Design Professional to complete all work necessary to achieve LEED Silver Certification. 7.0 Deliverables: (all deliverables digital unless otherwise noted) 7 .01 Submittal package containing all original submittals , responses , and final approved submittals 7.02 Original RFI and Design Professional response 7.03 Change order review , drawings , and specifications produced to accompany change order 7 .04 Weekly site visit report 7 .05 Performance evaluation 7.06 Claim/Dispute Report 7 .07 Meet ing minutes City of Cupertino Callander Associates Landscape Architecture Master Agreement for Lands cape Architecture Services for Various Projects [Callander-Mstr Agrmt (2016)] Exhibit A Page 11of12 Task 8.0: Additional Services Design Professional services not specifically identified in the Scope of Services shall be considered Additional Services . At the City 's request , the Design Professional shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit B. City of Cupertino Callander Asso c iates Landscape Architecture Master Agreement for Landscape Architecture Services for Vari o us Projects [Callander-Mstr Agrmt (2016)] Exhibit A Page12of12 Exhibit B Service Order Form Each Service Order for work under this Master Agreement shall be initiated and executed as provided for in the Master Agreement, Section 2 .A , Service Order Development. An exemplar of the Service Order form follows . City of Cupertino Callander Associates Landscape Architecture Master Agreement for Landscape Architecture Servi ces for Various Projects [Callander-Mstr Agrmt (2016)] Exhibit B Page 1 of 1 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT PO#: Maximum Compensation:=-------- Term: NTP: Approval by: City Manager D City Council D Consultant: (name) (street address) (city, state, zip) Contact Name: PROJECT DESCRIPTION Project N arne: Service Order No.: __ _ End Date: Director D Date: Item Number: Date: Phone: ODescription: (simple project description if appropriate) 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works City of Cupertino Ma s ter Agreement ----------~ Project Manager: ------------~ Pa ge 1of2 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previo u sly Encumbered on MA: S.O. # -(charge acct no.) -(project name) S.O. # -(charge acct no .) -(project name) Total Previously Encumbered to Date: Current Unencumbere d amount in MA: Encumbrance: S.O. # -(charge acct no.) -(project name) Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Date: APPROVALS Consultant: Date: Director of Public Works: Date : Appropriation Certification: I hereby certify that an unexpende d appropriation is available in the above fund for the above contract as estimated and that funds are available as of this date of signature . City Finance: Ci ty of Cupertino Master Agreement Date: Management Analyst Page 2 of 2 Amount $0 $0 $0 $0 $0 $0 $0 $0 EXHIBIT C COMPENSATION Capitalized terms which are defined in the Agreement have the same meaning in this Exhibit C. The City will compensate the Design Professional for satisfactory performance of duly authorized Services , based on the hourly rate(s) set forth below. The hourly rates are deemed to include all costs including , salary , wages, benefits , taxes , insurance, and the like paid to or on behalf of each individual providing the Services, and are also deemed to include profit , overhead, vehicle, equipment and supply costs and the like . The hourly rates do not include reimbursable expenses, which are addressed below . These hourly rates will remain in effect for the Term of the Agreement unless changed by written amendment to the Agreement. Total compensation for Services provided pursuant to a Service Order, including reimbursable expenses , may not exceed the maximum compensation authorized under the Service Order. Design Professional Hourly Rates: Principal Senior Associate Associate Senior Project Manager Project Manager 1 Project Manager 2 Construction Manager Job Captain Designer 1 Designer 2 Assistant Designer Project Administrator Accounting Reimbursable Expenses: $ 190 $ 178 $ 168 $ 152 $ 146 $ 138 $ 149 $ 127 $ 117 $ 108 $ 95 $ 105 $ 122 Reimbursable expenses include the cost of items , other than direct labor, specifically required to perform the Services , excluding normal business operating expenses and overhead , which are included in the direct hourly rates set forth above . City will compensate Design Professional for such reimbursable expenses only with prior written authorization by the individual designated as the City Representative in Section 8, Project Coordination, of the Agreement. The City will reimburse the Design Professional for allowable reimbursable expenses for the documented actual cost only, with no surcharge or markup for Design Professional administration . Reimbursable expenses must be separately identified on the Design Professional invoice and documentation of each reimbursable expense must be submitted to the City upon request and maintained as required under Section 18 , Records , of the Agreement. Allowed reimbursable expenses include , but are not limited to : City of Cupertino Callander Associates Lands ca pe Architecture Master Agreement for Landscape Architecture Services for Various Projects [Ca ll and e r-M str Agrmt (2 01 6)] Exhibit C Page 1of2 • Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions ; • Special software required by City specifically for a project, excluding standard software programs such as Microsoft Office suite applications (i.e. Word , Excel , PowerPoint, Project , etc.); Adobe Acrobat; or standard photo editing programs . • Travel expenses to the extent allowed by City policy , and subject to any limitation on allowable travel expenses under a Service Order , with mileage reimbursed per the current IRS standard mileage rate at the time of travel ; • Subconsultants required by project scope of services ; • Safety equipment required by City policy or the project scope of services ; • Mass mailing notifications ; • Special expenses for public meetings, such as refreshments , interpreters , security , valet parking , facility rental , tents o r booths , easels , markers , paper, presentation equipment. END OF EXHIBIT City of Cupertino Callander Ass oc iates Lands cape Arc hitecture Maste r Agre ement fo r Lands cap e Arc hitecture Servi ces for Vari o us Proje cts [Callander-Mstr Agrmt (20 16)] Exhibit C Page 2 of 2