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18-015 Dougherty Architects, Professional Design Services for Various Capital Improvement ProjectsAMENDMENT NO . 1 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DOUGHERTY ARCHITECTS AKA PERKINS EASTMAN ARCHITECTS DPC [CONTRACT# 2018-004] This Amendment for reference .dated u ~ ':31, L-Oi 6"is made by and between the City of Cupertino, a municipal corporation (CITY), and Doughe1iy Architects AKA Perkins Eastman Architects DPC (CONSULTANT), as follows: A. B. RECITALS: On January 10, 2018 an agreement was entered into by and between CITY and Dougherty Architects (Agreement) for design services for various capital improvement projects. The Agreement expires on December 31, 2018. The Parties desire to amend the Agreement to extend the contract and memorialize that . Doughetiy Architects merged with and assigned the Agreement to Perkins Eastman Architects DPC. Consultant Perkins Eastman Architects has agreed to assume the Agreement and be legally bound to its tenns and conditions . NOW, THEREFORE, it is mutually agreed by and between the undersigned that the following paragraphs of the Agreement are amended as follows: 1. PARTIES Paragraph I is amended to show that effective May 1, 2018 the Agreement has been legally assumed by Perkins Eastman Architects DPC pursuant to the contract assigmnent and merger with D0ughe1iy Architects. The named CONSULTANT shall be Perkins Eastman Architects. 2. TIME OF PERFORMANCE The Contract Time is extended from December 31, 2018 through June 30, 2019. 3. INSURANCE The Insurance exhibits are updated to show compliance with City insurance requirements by CONSULTANT Perkins Eastman Architects DPC. 4 . EXECUTION The person executing this Agreement on behalf of CONSUL TANT Perkins Eastman Architects DPC represents and wmnnts to have the full light, power and authority to enter into and carry out all actions contemplated by this Agreement and he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Consultant. Except as expressly modified herein, all other tenns and covenants set forth in the Agreement shall r ain the same and shall be in full force and effect. By:_--r-..-----=---------- Titl'e_--J~~.JJ..J4.---------- REC~APPROYAL By , - Title bteac:,AC&rl t1.S', fl/II Pn r 111Jr. EXPENDITURE DISTRIBUTION PO #C l ic • here 10 C lic k here to e nt er te x t. crller texl. Original Amendment #1: Amendment #2: Total: City Clerk July 10, 2018 Alex Acenas Public Works Project Manager Public Works Department City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Re: City of Cupertino, Agreement for Design Professional Services We are excited to share with you, as a valued client. that Dougherty Architects has joined Perkins Eastman Architects and will be continuing our high level of service with you under the practice name of Perkins Eastman Dougherty. For all legal transactions including contracts please note that Dougherty Architects, Inc. is now officially Perkins Eastman Architects, DPC (TIN 13-3044005). This will further conf ir m that as of May 1, 2018, Dougherty Architects, Inc . has assigned the above Agreement to Perkins Eastman Architects , DPC (PEADPC). If there are any questions regarding this transition please feel free to call for further clarification. We are here to ensure that your project continues to receive the quality of service you have come to expect from Dougherty as we join the Perkins Eastman team. PEADPC has assumed sole responsibility for the performance of said agreement subsequent to that date and by its signature below, PEADPC agrees to be bound by all of the provisions of the Agreement as if they were expressly named the Architect therein, in each case effective from and after May 1, 2018. This will also confirm that nothing herein is intended to nor shall it affect any rights of the Owner under the Agreement against Dougherty Architects , Inc. or its successors. Invoices for services completed after May 1, 2018 will be sent from Perkins Eastman Architects, DPC. Please remit payment to: Perkins Eastman Architects, DPC 115 Fifth Avenue New York, NY 10003 PERKINS -EASTMAN Dougherty Perkin s Ea stman Architects DP C 1904 Franklin Street Suite 909 Oakland, CA 946 12 +1.510.654.2544 PER Kl NSEASTMAN. COM Boston Charlotte Chicago Costa Mesa Dallas Dubai Guayaquil Los Ange les Mumbai New York Oak la nd Pittsb urgh San Francisco Shanghai Stamford Toronto Washington DC In consideration of the premises and covenants set forth herein , and for other good and valuable consideration, the receipt and sufficiency of which a re hereby acknowledged , and with the intent that Perkins Eastman Architects DPC may rely on this consent, we request that you indicate consent to such assignment by signing th is letter in the space provided below. We have included a new W-9 for your reference. Sincerely, PERKINS EASTMAN ARCHITECTS , DPC By: DOUGHERTY ARCHITECTS, INC. Agreed: City of Cupertino PERKINS -EASTMAN Dougherty ACORD® CERTIFICATE OF LIABILITY INSURANCE 12/1 /2018 I DATE (MM/DDNYYY) ~ 6/12/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Lockton Companies CONTACT NAME: 444 W. 47th Street, Suite 900 f.~~N!ITn "·"· I FAX IA/C No\: Kansas City MO 64112-1906 E-MAIL (816) 960-9000 ADDRESS : INSURER(Sl AFFORDING COVERAGE NAIC# 1NsuRER A , Travelers Indemnitv Co of CT 25682 INSURED PERKINS EASTMAN ARCHITECTS P.C. INSURER B: The Travelers Indemnitv Comoanv 25658 1403723 115 FIFTH AVENUE, 3RD FLOOR 1NsuRER c , Continental Casualtv Comnanv 20443 NEW YORK, NY 10003-1004 INSURER D, The Charter Oak Fire Insurance Company 25615 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 15438696 REVISION NUMBER: xxxxxxx THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH ICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES . LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS . INSR ADDL SUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE ,,.,~n 'W\tn POLICY NUMBER IMM/DD/YYYYl /MM/DD/YYYYl LIMITS A X COMMERCIAL GENERAL LIABILITY y y 680004H988884 12/1/2017 12/1 /20 18 v EACH OCCURRENCE s 1000000 V =1 CLAIMS-MADE [xJ OCCUR DAMAGE TO RENTED I---PREMISES (Ea occurrence\ s 300 000 I---MED EXP (Any one person) s 10.000 PERSONAL & ADV INJURY s 1.000 000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2 000 000 V POLICY JECT 4 D PRO-D LOC PRODUCTS -COMP/OP AGG s 2 000 000 "'"' OTHER: $ B AUTOMOBILE LIABILITY y y BA-679 1L398 12/1 /2017 12/1/2018 v' COMBINED S INGLE LIMIT s 1 ooo ooo V /Ea accident\ - X ANY AUTO BODILY INJURY (Per person) $ xxxxxxx -OWNED -SCHEDULED AUTOS ONLY AUTOS BODILY INJU RY (Per accident) $ xxxxxxx --HIRED NON-OWNED PROPERTY DAMAGE s xxxxxxx AU TOS ONLY AUTOS ONLY /Per accident\ --sXX:xxxxi( B X UMBRELLA LIAB ~ OCCUR N N ZUP-91 M46903 12/1/20 17 12/1/20 18 v EACH OCCURRENCE slf o ooo 060 / EXCESS LIAB CLAIMS-MADE AGGREGATE .f 10 ooo oo.If OED I I RETENTION$ $ AAAAXXX WORKERS COMPENSATION y UBOO OK46 8078 V 12/1 /2018 v' X I ~ffTuTE I I OTH- D 12/1 /2017 ER AND EMPLOYERS' LIABILITY Y/N A NY PROPRIETOR/PARTNER/EXECUT IVE Cm N/A E.L. EACH ACCIDENT s 1 000 ooo v OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $ 1000000 If yes, describe under DESCRIPTION OF O PE RATIONS below E.L. DISEAS E -POLICY LIMIT $ 1 000.000 C PROFESSIONAL N N AEH591918272 3/28/20 18 3/28/20191/ $2,000,000 PER CLAIM; $2,000 ,000 V LIABILITY AGGREGATE DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) RE: ALL OPERATIONS OF THE NAMED INSURED. THE CITY OF CUPERTINO , ITS OFFICERS , OFFICIALS, EMPLOYEES , AND VOLUNTEERS ARE ADDITIONAL INSUREDS AS RESPECTS GENERAL LIABILITY AND AUTO LIABILITY, AS REQUIRED BY WRITTEN CONTRACT. WAIVER OF SUBROGATION APPLIES TO GENERAL LIABILITY, AUTO LIABILITY, AND WORKERS COMPENSATION/EMPLOYER 'S LIABILITY, WHERE ALLOWED BY STATE LAW AND AS REQUIRE D BY WRITTEN CONTRACT. CERTIFICATE HOLDER 15438696 CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO CA 95014 CANCELLATION See Attachments SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. \ I © 1988 All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Misce ll a neous Att ac hme nt : M S 1398 1 Certi fica te ID : 154 38696 POLICY NUMBER: 680004H988884 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a . Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies , or in connection with premises owned by or rented to you. The person or organization does not qualify as an additional insured : c. With respect to the independent acts or omissions of such person or organization ; or d. For "bodily injury", "property damage" or "personal injury" for which su ch pe rson or organization has assumed liability in a contra ct or agreement. The insuran ce provided to such additional insured is limited as follows : e . This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part . f . This insurance does not apply to the rendering of or failure to render any "professional services". g . In the event that the Limits of Insurance of the Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement does not increase the limits of insurance described in Section Ill -Limits Of Insurance. h. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products-completed operations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury"-or "property damage" that occurs before the end of the period of t ime for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period , whichever is earlier. 2. The following is added to Paragraph 4 .a. of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : The insurance provided to the additional insured is excess over any valid and collectible other insurance , whether primary , excess, contingent or on any other basis , that is available to the additional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance " that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss , and we will not share with the other insurance , provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs ; and (2) The "person a l injury" for which coverage is sought arises out of a n offe nse committ ed ; Mi sce ll an eo us A tt ac hment: MS 13 98 1 Certifi ca te ID : 15438696 after you have signed that "written contract requiring insurance'. But this insurance provided to the additional insured still is excess over valid and collectible other insurance, whether primary , excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any other insurance . 3. The following is added to Paragraph 8 ., Transfer Of Rights Of Recovery Against Others To Us , of SECTION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you , or on your behalf, done under a "written contract requiring insurance" with that person or organization. We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you before, and in effect when , the "bodily injury" or "property damage" occurs , or the "personal injury" offense is committed . 4. The following definition is added to the DEFINITIONS Section ; "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part , provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract ; p. While that part of the written contract is in effect; and c. Before the end of the policy period. CGD3810915 Attachm ent Co de: D5 3775 l Ce rtific ate ID : 1543 8696 WORKERS COMPENSATION AND EMPLOYERS LIAB1L U:V--pe1=f5 ) POLICY NUMB ~ WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. SCHEDU LE DESIGNATED PERSON : DES IGNATED ORGAN IZATION : ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. CITY OF g MASTER DESIGN PROFESSIONAL SERVICES AGREEMENT WITH DOUGHERTY ARCHITECTS CUPERTINO 1. PARTIES This Master Agreement is made and entered into as of J ~ ({) 1 ~) ("Effective Date"), by and between the City of Cupertino, a municipal corporation ("City"), and Doughe11y Architects ("Consultant"), a Corporation, for Professional Design Services for Various Capital Improvement Projects ("Project"). 2. SERVICES 2.1 Scope of Services . Consultant agrees to provide the Services "as needed" and as set fo11h in the Scope of Services, attached and incorporated here as Exhibit A. The Services must comply with this Agreement and with each Service Order issued under the authority of the City Director of Public Works or his designee , in accordance with the following procedures. 2.2 Service Orders. Before issuing a Service Order the City Director/Designee wi ll request Services in writing and hold a meeting with Consultant to discuss it. Consultant will submit a written proposal that includes a specific Scope of Services, Schedule of Performance and Compensation, which the Parties will discuss. Thereafter City Director/Designee will execute a Service Order using the Service Order Form attached and incorporated here as Exhibit B. Each Service Order will specify its scope of services, deliverables, schedule of perf01mance, compensation and any other applicable te1ms. Issuance of a Purchase Order . is discretionary and the Director/De signee may streamline these procedures, e.g., conferring by telephone instead of a meeting, if it is in the City's best interests. Consultant will not be compensated for Services performed without a duly executed Service Order. 3. TIME OF PERFORMANCE 3.1 Term. This Agreement begins on the Effective Date and ends on December 31, 2018 ("Contract Time"), unless terminated earlier as provided herein. 3.2 Schedule of Performance. All Services must be provided within the times specified in each Service Order, and under no circumstances should the Services go beyond the Contract Time. Consultant must promptly notify City of any actual or potential delay in providing the Services as scheduled to afford the Pai1ies adequate opportunity to address or mitigate delays. If the Services are divided by tasks , Consultant must begin work on each separate task upon receiving City's Notice to Proceed ("NTP "), and must complete each task within the time specified in each Service Order. 3.3 Time is of the essence for the perforn1ance of all the Services required in this Agreement and in each Service Order. Consultant must have sufficient time, resources and qualified staff to deliver the Services on time. Consultant must respond promptly to the City 's Service Orders and any change orders that may be issued. Master Agreement with Dougherty Architects Master Des ig n Profess ional Agreement! R ev. Nov 22, 2017 Page 1 oflO 4. COMPENSATION 4.1 Maximum Compensation. City will pay Consultant for satisfactory performance of the Services a total amount that will based upon actual costs but that will be capped so as not to exceed $125,000 ("Contract Price "), based on the budget and rates set forth in Exhibit C, Compensation, attached and incorporated here . The Contract Price includes all expenses and reimbursements and will remain in place even if Consultant 's actual costs exceed the capped amount. No extra work or payment is pe1mitted in excess of the Contract Price. 4.2 Invoices and Payments. City will pay Consultant 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, each invoice must include for each day of Services: a. The name of each individual providing Services; b . A succinct summa1y of the Services perf01med by each such individual; c. The time spent by each individual providing those Services ; d. The applicable hourly billing rate and payment due; and e. A detailed breakdown of all allowable expenses. All hourly rates and allowable expenses must conf01m to City-approved rates set fo1ih in Exhibit C. 4.3 Final Payment. At least 30 days prior to end of the Agreement, Consultant must submit a requisition for final and complete payment of costs and any pending claims for City approval. Noncompliance with this requirement relieves City of fmiher payments/obligations under the Agreement. 5. INDEPENDENT CONSUL TANT 5.1 Status. Consultant is an independent Consultant and not an employee, paiiner, or joint venture of City. Consultant is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. No civil service status or other right of employment will be acquired by viiiue of Consultant's perfonnance of the Services . Consultant is not entitled to health, worker's compensation or other benefits from City . 5.2 Consultant Qualifications. Consultant wanants on behalf of itself and its subconsultants that they have the qualifications and skills to perf01m the Services in a competent and professional manner and according to the highest standards and best industiy practices for similar services perf01med in the San Francisco Bay Area. 5.3 Permits and Licenses. Consultant waiTants on behalf of itself and its subconsultants that they are properly licensed, registered , and/or ce1tified to perfonn the Services as required by law and that they have procured a City Business License. 5.4 Subconsultants. Unless prior written approval from City is obtained, only Consultant 's employees and subconsultants whose names are included in this Agreement and incorporated Exhibits may provide Services under this Agreement. Consultant must requii·e all subconsultants to furnish proof Master Agreement with Dougherty Architects Mas ter Desig n Prof ess ional Agr eement/ R ev. No v 22, 2 017 Page 2 of 10 of insurance for workers ' compensation, commercial liability, auto, and professional liability in reasonable conformity to the insurance required of Consultant. The te1ms and conditions of this Agreement shall be binding on all subconsultants relative to the portion of their work. 5.5 Tools, Materials and Equipment. Consultant will supply and shall be responsible for all the tools, materials and equipment required to perfo1m the Services. 5.6 Payment of Taxes. Consultant must pay income taxes on the money earned under this Agreement. Upon City 's request, Consultant will provide proof of payment and will indemnify City for violations pursuant to the indemnification provision of this Agreement. 5.7 Errors and Omissions. Consultant is solely responsible for its e1TOrs and omissions and those of its Subconsultants, and must take prompt measures to avoid, mitigate, and c01Tect them at its sole expense. 6. PROPRIETARY/CONFIDENTIAL INFORMATION During the Contract Time Consultant may have access to private or confidential inf01mation owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third patties may be damaging to City. Consultant shall hold in confidence all City information and use it only to perfom1 this Agreement. Consultant shall exercise the same standard of care to protect City information as a reasonably prudent consultant would use to protect its own proprietaiy data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of or its subconsultants in any product, memoranda, study, rep011, map, plan, drawing, specification, data, record , document or other information or work, in any medium (collectively, "Work Product"), prepared by Consultant in connection with this Agreement will be the exclusive property of the City and shall not be shown to any third-pai1y without prior written approval of City. 7.2 Copyright. To the extent pennitted by Title 17 of U.S. Code, all Work Product prepared/created by Consultant and its Subconsultants under this Agreement is considered "works for hire" and all copyrights in such Work Product shall be City prope11y. If it is dete1mined under federal law that the Work Product is not "works for hire ", Consultant and Subconsultants hereby assign to City all copyrights to the Work Product when and as created. Consultant may retain copyrights to its standard details, but hereby grants City a perpetual, non-exclusive license to use such details. 7.3 Patents and Licenses. Consultant must pay royalties or license fees required for authorized use of any third pai1y intellectual prope11y, including but not limited to patented, trademarked, or copyrighted intellectual prope1iy if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of \Vork Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Consultant and Subconsultants to execute or in1plement any of the following: (a) For work related to the original Services for which was hired ; Master Agreement with Dougherty Architects Ma s ter Design Professional Ag reem ent/ R ev. Nov 22, 201 7 Page 3 of 10 (b) To complete the original Services with City services or other consultants; ( c) To make subsequent additions to the 01iginal Services; and/or (d) For other City projects. 7.5 Deliverables and Format. Electronic and hard copies of the Work Product constitute pait of the Deliverables required under this Agreement, which shall be provided to City on recycled paper and copied on both sides, except for one single-sided original. Large-scale architectural plans and similar items must be in CAD and PDF fmmats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF fo1mats. 8. RECORDS 8.1 Consultant must maintain complete, accurate, and detailed accounting records relating to the Se1vices and Compensation, in accordance with generally accepted accounting principles and procedures. The records must include detailed information about Consultant's perfmmance, benclunarks and deliverables. The records and suppmting documents must be kept separate from other files and maintained for a period of four years from the date of City's final payment. 8.2 City will have free and full access to Consultant's books and records for review and audit, to make transcripts or copies, and to conduct a preliminary examination of all the work, data, documents, proceedings, and activities related to this Agreement. If a supplemental examination or audit of Consultant 's records discloses non-compliance with appropriate internal financial controls, a contract breach, or a failure to act in good faith, City will be entitled to recover from Consultant the costs of the supplemental examination. This Section survives the expiration/te1mination of this Agreement. 9. ASSIGNMENT Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior w1itten consent of City. Any attempt to do so will be null and void. Any changes related to the financial control or business nature of Consultant as a legal entity will be considered an Assignment subject to City approval, which shall not be unreasonably withheld . For purposes of this provision, control means 50% or more of the voting power of the business entity. This Agreement binds Consultant, its heirs, successors and assignees. 10. PUBLICITY I SIGNS Any publicity generated by Consultant in connection with the Project and Se1vices during the Contract Time and for one year thereafter will reference City contributions in making the Project possible. The words "City of Cupe1tino" shall be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public se1vice announcements, inte1views and newspaper articles. No signs may be posted, exhibited or displayed on or about City prope1ty, except signage required by law or this Agreement without prior written approva l from City. Master Agreement with Dougherty Architects Ma s ter Des ign Profess ional Agreement! R ev. No v 22 , 201 7 Page 4 of 10 11. INDEMNIFICATION To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Consultant agrees to indemnify, defend and hold ha1mless City, its City Council, boards and c01mnissions, officers, officials, employees, agents, servants, volunteers and consultants ( collectively, "Indemnitees") as follows: 11.1 Indemnity Obligations Subject to Civil Code Section 2782.8. Consultant shall indemnify, defend, and hold harmless Indemnitees from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs and expenses, of every nature, including injury to or death ofany person or damage to property (collectively, "Liability"), that arise out of, pe11ain to, or relate to the negligence, recklessness, or willful misconduct of Consultant, its officers, employees, agents and Subconsultants. 11.2 Claims Involving Intellectual Property. Consultant shall indemnify, defend, and hold haimless Indemnitees from and against any claim involving intellectual property, infringement or violation of a United States patent right or copyright, trade secret, trademark, or service mark or other proprietary or intellectual prope11y rights, which arises out of, pe1tains to , or relates to Consultant's negligence, recklessness, or willful misconduct. 11.3 Claims for Other Liability. Consultant shall indemnify, defend, and hold haimless the Indemnitees against any and all liability, claims, actions, causes of action or demands whatsoever, including injury to or death of any person, damage to prope1ty, economic loss, or other liability of any nature that arise out of, pertain to, or relate to Consultant's breach of contract, obligations, or waiTanties, any unauthorized use or disclosure of City's confidential and proprietary information. 11.4 Consultant shall accept a tender of defense upon receiving notice from City of a claim, in accordance with Public Contract Code Section 9201. At City's request, Consultant will assist City, at no additional cost, in the defense of any claim, dispute or lawsuit arising out of this Agreement. Consultant's duties are not limited to the Contract Price, to workers' compensation claims, or to the insurance and bond coverage requirements of this Agreement. Nothing in this Agreement shall be constrned to give rise to any implied right of indemnity in favor of Consultant against any Indemnitee . 11.5 Consultant must assume all costs related to its duty to indemnify, defend, and hold City harmless, including the costs incmTed in enforcing the provisions of this Section, which shall include attorney fees , fees for legal counsel acceptable to City, expe11 fees, and all other costs and expenses related to a clain1 or counterclaim, a purchase order, another transaction, litigation, or dispute resolution arising out of Consultant's perfo1mance of the Services under this Agreement. Without waiving any legal or other contractual rights, City may deduct money from Consultant's payments to cover moneys due to City. This Section survives the expiration/te1mination of this Agreement. 12. INSURANCE On or before the Contract Time commences, Consultant shall furnish City with proof of compliance with City Insurance Requirements, attached and incorporated here as Exhibit D. City will not execute the Agreement until it has approved receipt of satisfactory ce1tificates of insurance and endorsements Master Agreement with Dougherty Architects Master Design Professio nal Agreement! R ev. Nov 22, 2017 Page 5 of 10 evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Alternatively , City may terminate this Agreement, or in its sole discretion purchase insurance at Consultant's expense and deduct costs from payments to Consultant. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Consultant shall comply with all local, state and federal laws and regulations applicable to this Agreement. Consultant will promptly notify City of changes in the law or other conditions that may affect the Project or Consultant's ability to perform. Consultant is responsible for verifying the employment authorization of employees perfom1ing the Services, as required by the Immigration Reform and Control Act, or other federal or state law, rule or regulation. 13.2 Labor Laws. Consultant shall comply with all labor laws applicable to this Agreement. If the Services include a "public works" component, Consultant must comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. To the extent applicable, Consultant must comply with City 's Labor Compliance Program, and with state labor laws pe1taining to working days , ove1time, payroll records and DIR Registration and Oversight. If the Contract Price is $30,000 or more, Consultant must comply with the apprenticeship requirement in Labor Code Section 1777.5. 13.3 Discrimination Laws. Consultant shall not disc1iminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS) or any other protected classification. Consultant shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735 , 1777 and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Consultant understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person is strictly prohibited. 13.4 Conflicts of Interest. Consultant shall comply with all ·conflict of interest laws and regulations applicable to this Agreement and must avoid any conflict of interest. Consultant waITants that no public official, employee , or member of a City board or commission who might have been involved in the making ofthis Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Consultant may be required to file a conflict of interest form if Consultant makes certain governmental decisions or serves in a staff capacity, as provided in Section 18700 of the California Code of Regulations and other laws. Services may only be perfo1med by persons who are not employed by City and who do not have any contractual relationship with City, with the exception of this Agreement. Consultant agrees to abide by City policies and administrative rules prohibiting gifts to City officials and employees. 13.6 Remedies. A violation of this Section constitutes a material breach and may result in City suspending payments, requiring reimbursement, or te1minating this Agreement. City reserves all its rights and remedies under law and this Agreement, including the right to seek indemnification under Section 11. Consultant agrees to indemnify, defend, and hold City harmless from and against any loss, liability , and expenses arising from noncompliance with this Section. Master Agreement with Dougherty Architects Master Design Professional Agreement/ R ev. Nov 22 , 2017 Page6ofl0 14. PROJECT COORDINATION 14.1 City Project Manager. The City 's Project Manager for all purposes und er this Agreement will be Alex Acenas, who shall hav e the authority to manage this Agreement and oversee the progress and performance of the Services. City in its sole discretion may substitute another Project Manager at any time and will advise Consultant of the new representative. 14.2 Consultant Project Manager. Subject to City approval, the Consultant's Project Manager for all purposes under this Agreement will be Lance Kutz , who shall be the single representativ e for Consultant with the authority to manage compliance with this Agreement and ov ersee the progress and performance of the Serv ices . This includes responsibility for coordinating and scheduling the Services in accordance with City instructions, service orders, and the Schedule of Performance, and providing regular updates to the City 's Project Manager on the Project status, progress, and any delays. City written approval is required prior to Consultant substituting a new Project Manager, which shall result in no additional costs to City or Project delays. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project with 14 days written notice to Consultant. Consultant will be compensated for satisfactory Services performed through the date of abandonment, and will be giv en reasonable time to assemble the work and close out the Services. No close out work shall be conducted without City approval and may not exceed ten percent (10 %) of the total tin1e expended to the date of abandonment. Consistent with Section 4 and Exhibit C, all charges approved by City including job closure costs will be paid within 30 days of Consultant 's final invoice. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time , following written notice to Consultant at least 7 calendar days prior to the termination date. Consultant will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Consultant closes out the Services and delivers all Work Product to City. All charges approved by City including job closure costs will be paid within 30 days of Consultant's final invoice. 17. GOVERNING LA \V, VENUE AND DISPUTE RESOLUTION This Agreement is go v erned by the laws of the State of California , excepting any choice of law rules which may direct the application of laws of another jurisdiction. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara , State of California . Consultant must comply with the claims filing requirements under the Go v ernment Code prior to filing a civil action in court . If a dispute arises, Consultant mu st continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration , the arbitrator 's award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEYFEES If City files a complaint or cross-complaint, or pursues arbitration , appeal, or other procee ding to enforce its rights or a judgment in conne ction with this Agree ment , the prevailin g p arty will be entitle d to Ma ster Agreement with Dougherty Architects M as ter D es ig n P rof ess ional Agreem ent/ R ev. N o v 22, 2017 Page 7 o f 10 reasonable attorney fees and costs. This attorney fee provision does not apply to legal actions initiated by Consultant or Subconsultant. This Section survives termination of this Agreement. 19. THIRD PARTY BENEFICIARIES There are no intended third pai1y beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City's waiver of any breach shall not be deemed to constitute waiver of another te1m, provision, covenant or condition, or a subsequent breach, whether of the same or a different character. 21. ENTIRE AGREEMENT This Agreement and all its Sections represent the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreements and understandings, either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Pai1y's authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between the main Agreement and the attachments or exhibits thereto, the text of the main Agreement shall prevail. 22. INSERTED PROVISIONS Each contractual provision or clause that may be required by law is deemed to be included and will be infen-ed in this Agreement. Either party may request an amendment to cure any mistaken inse11ion or omission of a required provision. 23 . HEADINGS The headings in this Agreement are for convenience only, are not a paii of the Agreement and in no way affect, limit or amplify the tenns or provisions of this Agreement. 24. SEVERABILITY/P ARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a pai1icular situation, is found by the court to be void, invalid, illegal or unenforceable, such tenn or provision shall remain in force and effect to the extent allowed by such rnling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. 25. SURVIVAL All provisions which by their nature must continue after the Agreement ends, including without limitation those referenced in specific Sections herein, survive this Agreement and shall remain in full force and effect. Master Agreement with Dougherty Architects Master D esign Professio nal Agreement/ R ev. Nov 22 , 2017 Page 8 of 10 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delive1y or the date confomed by a reputable overnight delive1y service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or ce11ified, or the next business day following electronic submission: To City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 Attention: Alex Acenas, Public Works Proj. Mgr. Email: alexa@cupertino .org 27. VALIDITY OF CONTRACT To Consultant: Doughe11y Architects 1904 Franklin Street, Suite 909 Oakland, CA 94612 Attention: Lance Kutz Email: lancek@doughe1tv .u s This Agreement is valid and enforceable only if it complies with the contract provisions of Cupe11ino Municipal Code Chapters 3.22 and 3.23 , is signed by the City Manager or authorized designee, and is approved for form by the City Attorney's Office. 28. EXECUTION The person executing this Agreement on behalf of Consultant represents and wanants that Consultant has full right, power, and authority to enter into and cany 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 Consultant. 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 instrnment. Master Agreement with Dougherty Architects Ma ster D esign Profess ional Agreement/ R ev. Nov 22, 2017 Page 9 oflO IN WITNESS WHEREOF, the pai1ies have caused the Agreement to be executed. CONSULTANT Dougherty ,1hitects By I~ --+;,-~-~------ Name Brian P. Dougherty Title Pr incipal-in-Charge Date 1/10/2018 Tax I.D. No.: 82-3450095 ~OFORM: OLPHSTEVENSON HOM Cupe11ino City Attorney Contract Amount: Encumber by Service Order Contract No.: $ 125,000 CITY OF CUPERTINO A Municipal Corporation GRACE SC~ c:; t:- City Clerk d -D --/ 0 • P.O.# ~ -~11ni-1Jntf l\1aster Agreement with Dougherty Architects Master Des ign Profess ional Ag reem ent/ R ev. N ov 22, 2 01 7 PagelOoflO Exhibit A Scope of Services Consultant shall provide ce1tain Architectural Services as required and requested by City. Consultant shall provide services under this Master Agreement on an "as needed" basis and only (1) upon vvritten 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. Consultant shall perform all services to the satisfaction of City's Public Works Directo r or authorized Agent. B. Consultant shall perform all services under this agreement to the currently prevailing professional standards and quality found among Architecture Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. Consultant shall perform services under this Master Agreement only b y 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. Consultant 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 Consultant shall be at no cost to City. E. City shall designate a Project Manager for each fully executed Service Order under this Agreement. Consultant shall coordinate the Service Order performance with City's designated Project Manager. Section 2. Basic Services As authorized b y a fully executed Service Order, Consultant shall provi de Architecture services for various City Public Works Projects in accordance wi th the following: Dougherty Ard1itecture Master Agreement for Professional Design Services Exh ibit A PAGE 1 OF 11 A. General Performance Requirements For each assigned Project: 1. Consultant 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. Consultant shall not substitute any team members without the prior approval of City. City retains the right to reject team members assigned by Consultant or require replacement of team members. 2. Consultant shall effectively manage and administer the Project for the efficient, progressive, and proactive delivery of the Project. 3. Consultant shall be responsible for managing and coordinating the work of all sub-Consultants and subconsultants. 4. Consultant shall consult and coordinate with the City and communicate with members of the Project team. 5. Consultant 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. Consultant 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, Consultant 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 bud ge t 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. Dougherty Ard1itecture Master Agreement for Professional Design Serv ic-es Exhibit A PAGE20F11 Task 2.0 Predesign and Conceptual Design 2.01 Background Data Assembly: Consultant shall review Project data provided by the City including, but not limited to: topographic survey, geotechnical reports, traffic studies, CEQA documents, other environmental studies, tree surveys, arborist' s reports, approved Master Plan, or other such data. The Consultant shall be entitled to reasonably rely upon the accuracy and sufficiency of any information provided to the Consultant by the City or the City's agents. 2.02 The Consultant 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 Consultant 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 Consultant shall compile survey and other data as made available into a base sheet create Project base information in AutoCAD 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 Consultant, according to the agreement. 2.05 Outreach: Consultant shall conduct outreach with groups as identified by the City to establish design program. 2.06 Conceptual Alternative Development: Consultant shall prepare three (3) hand drawn, color rendered conceptual solutions for the Project, each which address the primary Project issues and budget. 2.07 Staff Review: Consultant shall present each concept to the City with analysis for evaluation. The City shall select one concept as the preferred solution and provide the Consultant with written direction to proceed with that concept. 2.08 Deliverables: (all deliverables digital unless otherwise noted) 2.08.1 Source Document Listing 2.08.2 Base sheet Dougherty Ard1itecture Master Agreement for Professional Design Services Exhibit A PAGE30F 11 2.08.3 Meeting Summary 2.08.4 Scanned pdf's and one (1) hardcopy of each 2.08.5 Meeting Summary Task 3.0: Schematic Design 3.01 Meetings: The Consultant 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 Consultant 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: Consultant 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: Consultant shall prepare for and present the recommended design and the previous concepts to the Parks and Recreation Commission. 3.05 Council Presentation: Consultant shall revise the Conceptual design per the P&R Corrunission input and prepare for and present the recommended Conceptual Design to City Council . 3.06 Deliverables: (all deliverables digital unless othenvise noted) 3.06.1 Meeting Summaries 3.06.2 Scanned pdf and one (1) hardcopy 3.06.3 Estimate, schedule and code compliance summary 3.06.4 PowerPoint, large format presentation materials 3.06.5 PowerPoint, large format presentation materials Dougherty Ard1 itecture Master Agreement for Professional Design Services Exhibit A PAGE40Fll Task 4. 0 Design Development 4.01 Meeting: The Consultant 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 Consultant 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 Consultant 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: Consultant 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: Consultant shall assemble images, details, catalog cuts, etc. that further convey design intent. Booklet to be in 8-1/2 X 1 fo1mat, bound, with document name, Project name and date clearly indicated. 4.06 Deliverables: (all deliverables digital unless otherwise noted) 4.06.1 Meeting Summary 4.06.2 Pdf files and three (3) full size plan sets 4.06.3 Specification outline 4.06.4 Updated estimate, schedule and code compliance summary in pdf and three (3) hardcopies of each 4 .06.5 Pdf files and three (3) 8-1/2 X 11 bound hardcopies Dougherty Architecture Master Agreement for Professional D es ign Services Exhibit A PAGE50F11 Task 5.0 Construction Documents 5.01 Meetings: The Consultant 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 Consultant 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 dravvings 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 Consultant shall prepare 60% Construction specifications for the design development drawings. The specifications shall reflect the detail of the 60% Construction drawings. The Consultant shall format its specifications to City's Standard Specification provided by the City at the beginning of the Project. The Consultant 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-Consultants, bidding requirements and sample fonns. 5.04 60% Costs, Schedule and Code Compliance: The Consultant 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: Consultant 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. 5.06 95% Specifications: Consultant 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-Consultants, bidding requirements, add alternatives, and sample forms. Consultant shall format its specifications to City's Standard Specification sections. Dougherty Architecture Master Agreement for Professional Design Services Exhibit A PAGE60F 11 5.07 95% Costs, Schedule and Code Compliance: Consultant 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: Consultant 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 Consultant shall incorporate comments into the 100% plans, specifications, and cost estimate. 5.10 100% Costs, Schedule and Code Compliance: The Consultant shall submit a 100% Construction Document Estimate of Probable Cost to the City according to the Appendix D minimum requirements. 5.11 100% Submittal: The Consultant 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. 5.12 Deliverables: (all deliverables digital unless otherwise noted) 5.12.1 Meeting Summaries 5.12 .2 Pd£ files and three (3) full size plan sets 5 .12.3 Technical Specifications in Word and three (3) bound 8-1/2 X 11 sets 5.12.4 Updated estimate, schedule and code compliance swnmary in pd£ and three (3) hardcopies of each 5.12.5 Pd£ files and three (3) full size plan sets 5.12 .6 Technical Specifications in Word and three (3) bound 8-1/2 X 11 sets 5.12.7 Updated estimate, schedule and code compliance summary in pd£ and three (3) hardcopies of each 5.12.8 Permit application as pd£ and hardcopies as required for processing Dougherty Ard1itecture Master Agreement for Professional Design Services Exhibit A PAGE70Fll 5.12.9 Pdf files and three (3) full size hardcopies of listed items+ one stamped signed record set of plans and specifications 5.12 .10 Pdf files and hardcopies as requested b y City Task 6.0: Bid and Award 6.01 Bid Period Assistance: Consultant shall provide the following bid phase services, at the City's request, through award of the construction contract: a. Attend the general Consultant 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: Consultant 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. 6.03 Deliverables: (all deliverables digital unless otherwise noted) A. The Consultant shall provide two (2) complete wet signed, stamped Confonn 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. B. The Consultant 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 verifie d by the Consultant prior to final submission. Task 7.0: Construction Administration Consultant's responsibility to provide the Construction Administration Services commences with the construction contract award and ends vv:ith submission of the final Project Punch List. Dougherty Archit e cture Master Agreement for Professional Design Servi c:es Exhibit A PAGE80Fll Consultant shall advise the City, in vvriting of any construction items that are not in conformance with the Contract Documents. Consultant 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 Consultant under this Task shall not be restricted, modified or extended except by advance, vvritten agreement between City and Consultant. 7.01 Submittal Review: The Consultant shall review and approve or reject the Consultant'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 Consultant shall maintain a detailed record of all submittals and content supplied by the Consultant. 7.02 Requests for Information: The Consultant shall review Consultant Requests for Information and provide a written response to the Consultant with a copy to the City, within five (5) working days of receipt. The Consultant's response shall provide, with advance City approval, supplemental drawings and/or specifications necessary to clarify the RFI. 7.03 Change Orders: Consultant shall review and advise the City on requests by the City or Consultant for changes in the construction of the Project . The Consultant shall review City prepared Contract Change Orders shall, where necessary, prepare Drawings and Specifications to describe Work to be added, deleted or modified. The Consultant shall maintain all records relative to changes in the construction. 7.04 Construction Meetings: The Consultant shall attend bi-weekly consh·uction 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 Consultant shall prepare bi-monthly Consultant Performance Evaluations at the City's request and submit to the City for review and Dougherty Architecture Master Agreement for Professional Design Services Exhibit A PAGE90F 11 comment prior to distribution to the Consultant. The Consultant shall deliver the Cit y approved performance evaluation to the Consultant. 7.06 Claims and Disputes: The Consultant shall advise the City on claims, disputes or other matters in question between the City and Consultant. The City shall be the final arbiter in all such matters. 7.07 Site Meetings: The Consultant 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: Consultant shall obtain from the Consultant 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 Consultant, and shall issue a Punch List which denotes the portion of the work of the Project that needs to be completed by the Consultant 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 Consultant, Consultant shall advise the City about the balance of the Project construction to be completed and recorrunend the amount to be paid the Consultant, including any amounts estimated needed to pay for Final Completion or correction of the construction work. 7.10 Final Completion: Consultant'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 Consultant of work to be completed or corrected. 7.11 Record Document Preparation and Project Close-Out: a. Consultant shall review the Consultant's checklist for completion of all required Consultant submittals and shop drnwings as indicated in the Contract Documents. b . Consultant shall review Consultant-supplied operation and maintenance manuals for completeness as noted in the Contract Documents. c. Cons ultant shall review consultant warranties as noted in the Contract Documents. Dougherty Architecture Master Agreement for Professional Design Serv i ces Exhibit A PAGE 10 OF 11 d. Consultant shall review final pay request from Consultant for accuracy as noted in the Contract Documents. e. Consultant to complete all work necessary to achieve LEED Silver Certification. 7.12 Deliverables: (all deliverables digital unless otherwise noted) 7.12.1 Submittal package containing all original submittals, responses, and final approved submittals 7.12.2 Original RFI and Consultant response 7.12.3 Change order review, drawings, and specifications produced to accompany change order 7.12.4 Weekly site visit report 7.12.5 Performance evaluation 7.12 .6 Claim/Dispute Report 7.12.7 Meeting minutes Task 8.0: Additional Services Consultant services not specifically identified in the Scope of Services shall be considered Additional Services . At the City's request, the Consultant shall provide a fee proposal for specific additional services consistent with the professional rate schedule in Exhibit B. Dougher ty Architecture Master Agreement for Professional D esign Services Exhibit A PAGE 11 OF 11 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 2.2 Service Order Development. An exemplar of the Service Order form follows. END OF EXHIBIT Dougherty Ard1itecture Ma ster Agreement for Professional Design Services Exhibit B PAGElOFl CITY OF CUPERTINO MASTER AGREEMENT CONSULT ANT SERVICES SERVICE ORDER NO. MASTER AGREEMENT NO.: MA Date: MA Maximum Compensation: MA Term: NTP: MA END DATE: Consultant: Name: Address: Contact: Phone: Project Description: Project Name: [K]Description: (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 Project Manager: Fiscal/Budget Amount Master Agreement Maximum Compensation: $0.00 Account No.: Project Manager: APPROVALS Consultant: CIP Manager: Total Previously Encumbered to Date: $0.00 ------Encumbrance this Service Order: $0.00 ------Total Liquidated Encumbrance: $0.00 ------ Master Agreement Unencumbered Balance: $0.00 Date: Date: Date: Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. City Finance: City of Cupertino Master Agreement Management Analyst Date: Page 1 of 1 Service Order No. EXHIBIT C COMPENSATION Capitalized tenns whidi are defined in the Agreement have the same meaning in this Exhibit C. The City vvill compensate the Consultant 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 Tenn of the Agreement unless changed by vvritten 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. Consultant Hourly Rates: Principal Architect/Engineer $ 225 Senior Project Manager Architect/Engineer $ 200 Professional Cost Estimating $ 168 Project Manager/Architect/Engineer/Landscape $ 160 Job Captain/Designer/Engineer/Landsscape $ 145 Technical Architectural/Engineering/Landscape $ 110 Administrative Personnel $ 90 Civil Engineer $ 148 Structural Engineer $ 175 Mechanical Engineer $ 160 Electrical Engineer $ 155 Landscape Architect $ 155 Cos t Estimator $ 130 Reimbursable Expenses: Reimbursable expenses include the cost of items, other than direct labor, specifically required to p erform the Services, excluding normal business operating expenses and overhead, which are included in the direct hourly rates set forth above. City will compensate Consultant 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 Consultant for allowable reimbursable expenses for the documented actual cost only, with no surcharge or markup for Consultant administration. Reimbursable expenses must Dougherty Architects Master Agreement for Professional D esign Servi ces Exhibit C PAG E10F2 EXHIBIT D -DESIGN PROFESSIONALS INSURANCE REQUIREMENTS Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as: 1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than J.r-? ,i0t o o 0 ~O per occurrence. If a general aggregate limit applies, either the general aggregate 11 ?-J J limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non-owned), with limit no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers' Compensation insurance as required by the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than $1,00 0,000 per accident for bodily injury or disease. (Not required if Consultant provides written verification it has no employees) 4. Professional Liability (Errors and Omissions) Insurance appropriates to the Consultant's profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If the Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions: Additional Insured Status The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Consultant including materials, parts, or equipment furnished in connection with such work or operations . General liability coverage can be provided in the form of an endorsement to the Consultant's insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). Do ugherty Architecture Master Agreement for Professional Design Services Exhibit D Page 1 of3 be se parately identified on the Consultant 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: • 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 s uch as Microsoft Office suite applications (i .e. Word, Excel, Power Point, Proj ec t, etc.); Adobe Acrobat; or standard photo e diting programs. • Travel expenses to the extent allowed b y City policy, and s ubject 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 s cope of services; • Safety equipment required by City policy or the project scope of services; • Mass mailing notifications; • Special expenses for public meetings, s uch as refres hments, interpreters, security, valet parking, facilit y rental, tents or booths, ease ls, markers, paper, presentation equipment. END OF EXHIBIT Dougherty Architects Master Agreem ent for Professional D es ign Services Exh ibit C PAGE20F2 Priniary Coverage For any claims related to this contract, the Consultant's insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers . Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it. Notice of Cancellation Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City. Waiver of Subrogation Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Self-Insured Retentions Self-insured retentions must be declared to and approved by the City. The City may require the Consultant to provide proof of ability to pay losses and related investigations, claim administration, and defense expenses vvithin the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII, unless otherwise acceptable to the City. Claims Made Policies If any of the required policies provide coverage on a claims-made basis : 1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work. 2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase "extended reporting" coverage for a minimwn of five (5) years after completion of contract work. Verification of Coverage Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Dougherty Architecture Master Agreement for Profess ional Des ign Services Exhibit D Page 2 of3 the Consultant's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subconsultants . Special Risks or Circumstances City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. Do ugherty Arc hit ecture Ma ster Agreeme nt fo r Profess iona l Des ign Serv ices Exhibit D P age 3 o f3 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) ~ 2/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed . If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Dealey, Renton & Associates P.~~>N.t C-"· 714-427-6810 Ir:,~ Nol: 714-427-6818 ORA License 0020739 E-MAIL P. 0 . Box 10550 ADDRESS: Santa Ana CA 92711-0550 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Travelers Property Casualty Co of Ameri 25674 INSURED INSURER B: American Automobile Ins . Co. 21849 Dougherty + Dougherty Architects , LLP INSURER c: Arqonaut Insurance Company 19801 Dougherty Architect, Inc. 3194-D Airport Loop Drive INSURER D : Costa Mesa CA 92626-3405 INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER: 13009008 18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF AN Y CONTRACT OR OTHER DOCUMENT WITH RESPE CT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN , THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS , EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LI M ITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR 1~8hl5~1 1~grJgM~1 LTR TYPE OF INSURANCE ,.,~n ••nm POLIC Y NUMBER LIMITS A X COMMERCIAL GENERAL LIABILITY y y 6804H54773A 11/1 5/2017 11/15/2018 EACH OCCURRENCE $2,000,000 -D CLAIMS-MADE 0 OCCUR ! DAMAGE TO RENTED PREM ISES (Ea occurrence\ $1 ,000,000 X Contractual MED EXP (Any one person) $10,000 - Uab. ~ PERSONAL & ADV INJURY $2,000,000 GEN 'L AGGREGATE LIMIT APPLIE S PER: GEN ERAL AGGREGATE $4,000,000 Fl 0PRO-DLOC PRODUCTS -COMP/OP AGG $4,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y BA7379L627 1/11/2018 1/11/2019 COMBIN ED SING LE LIMIT $1000000 (Ea accident\ -X ANY AUTO BOD IL Y INJURY (Per person) $ -ALL OWNED -SCHEDULED BODILY INJURY (Per accident) $ -AUTOS >--AUTOS X X NON-OWNED ip~~~tc~d:~t~AMAGE $ HIRED AUTOS AUTOS ->-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXCESS LIAB CLAIM S-MADE AGGREGATE $ DED I I RE TENTI ON$ $ B WORKERS COMPENSATION y WZP81041735 9/1/2017 9/1/2018 X I ~ffTUTE I I OTH- AND EMPLO YERS' LIABILITY ER YIN ANY PROPRIETOR/PARTNER/EXECUTI VE D NIA E.L. EACH ACC IDENT $1 ,000,000 OF FI CER/MEMBER EXC LUDED? (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 ,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1 ,000,000 C Professional Liability IA E1141308 11/27/2017 11 /27/20 18 Per Claim 52 ,000,000 Claims Made Annual Aggr. 52 ,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule, may be attached if more space is required) Re : All Operations of The Named in sured -City of Cupe rtino , its officers , officials , employees, and volunteers are named as additional insureds as re spects general liab ility as required per w ritten co ntract or agreement. CERTIFICATE HOLDER City of Cupertino 10300 Torre A ve nue Cupertino CA 95014 CANCELLATION 30 Da s Notice of Cancellation SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . © 1988-2014 ACORD CORPORATION . All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are reg i stered marks of ACORD COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II -WHO IS AN INSURED : Any person or organization that you agree in a "written contract requir ing insurance" to include as an additional insured on this Coverage Part , but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b. If, and only to the extent that , the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies , or in connection with premises owned by or rented to you. T he person or organization does not qualify as an additional insured : c . With respect to the independent acts or omis- sions of such person or organization ; or d. For "bodily injury", "property damage" or "per- sonal injury" for which such person or organi- zation has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows : e. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part . f. This insurance does not apply to the render- ing of or failure to render any "professional services". g. In the event that the Limits of Insurance of the Coverage Part shown in the Declarations ex- ceed the limits of liability required by the "writ- ten contract requiring insurance", the insur- ance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance ". This endorsement does not increase the lim - its of insurance described in Section Ill -Lim- its Of Insurance. h. This insurance does not apply to "bodily inju- ry" or "property damage" caused by "your work" and included in the "products - com pleted operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured , and then the insur- ance provided to the additional insured ap- plies only to such "bod ily injury" or "property damage" that occurs before the end of the pe- riod of time fo r which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the pol icy period , whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV -COMMERCIAL GENERAL LIABILITY CONDITIONS : The insurance provided to the additional insured is excess over any valid and collectible other in- surance , whether primary , excess , contingent or on any other basis , that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis , this insurance is primary to other insurance available to the additional insured which covers that person or organizations as a named insured for such loss , and we will not share with the other insurance , provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs ; and (2) The "personal injury" for which coverage is sought arises out of an offense committed ; afte r you have signed that "written cont ract requir- ing insurance ". But this insurance provided to the add itional insured still is excess over val id and collectible other in surance , whethe r primary , ex- cess , contingent or on any other basis , that is CG D3 81 09 15 © 20 15 Th e Tra vel e rs Ind emnity Co mpa ny . All ri g hts reserved . Page 1 of 2 In cl ud es the co pyri ghted materi a l of Ins urance Services Offi ce, In c., wit h its permi ssio n COMMERCIAL GENERAL LIABILITY available to the additional insured when that per- son or organization is an additional insured under any other insurance . 3. The following is added to Paragraph 8., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV -COMMERCIAL GENERAL LI- ABILITY CONDITIONS : We waive any right of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you , or on your behalf, done under a "written contract requiring insurance" with that person or organization . We waive this right only where you have agreed to do so as part of the "written contract requiring insurance" with such person or organization signed by you be - fore , and in effect when , the "bodily injury" or "property damage" occurs , or the "personal injury" offense is committed . 4. The following definition is added to the DEFINI- TIONS Section: "Written contract requiring insurance" means that part of any written contract under which you are required to include a person or organization as an additional insured on this Coverage Part , provid- ed that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After you have signed that written contract; b. While that part of the written contract is in ef- fect; and c. Before the end of the policy period . Page 2 of 2 © 2015 The Travelers Indemnity Company. All rights reserved . CGD3810915 Includes th e copyrighted material of In surance Services Office , Inc ., with its permis sion CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 1 MASTER AGREEMENT NO.: M A Date: January 10, 2018 MA Maximum Compensation: $ 125,000 MA Term: NTP: January 10, 2018 MA END DATE: December 31, 2018 Consultant: Name: Dougherty Architects Address: 1904 Franklin St., Ste . 909, Oakland, CA 94612 Contact: Lance Kutz Phone: (510) 496-8440 Project Description: Project Name: Cupertino Sports Center Interior Upgrades 0Description : (simple project description if appropriate) Provide Task 1.0 (Feasibility and Programming Study) for the subject project ()oM: w i-'-t3~ t,\. A-* z..c1 "{ • (J7j c..f Renovation of front d esk (2nd fir) a nd Me ns a nd Womens locker rooms/restrooms o n the Ground Frr, 2nd fir restrooms interior finishes ren e1 0Attachment A: Includes D escription of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works . Project Manager: Alex Acenas Fiscal/Budget Amount Master Agreement Maximum Compensation: $125,000.00 Total Previously Encumbered to Date: $0 .00 Encumbrance this Service Order: $16,946.00 ,__ Total Liquidated Encumbrance: $0.00 ------ Master Agreement Unencumbered Balance: $108,054.00 Account No.: 420-99-017-900-905 Sf c:..., at>'\-.o L. o l Project Manager: Alex Acenas Date: January 31 , 2018 APPROVALS Cons ultant: Date: 2/18/2018 CIP Manager: Date : 2/20/18 Appropriation Certifica tion: I h ereby ce rtify tha t an unex pended a ppropriation is available in the a bove fund for the above contract as es timate d and th·at fund are available as of thi s d a te of signature. Oty Fi nance £:.~, ~ _D_a_te_: __ ..1......1/L..-C-{ -u_(.,_L_~-------- C ity of Cupertino A , 1t..A-"''\n/\\l'\ Master Agreement Page 1 of 1 ~--1,,'\ V"' ~f> Service Order No. CITY OF CUPERTINO MASTER AGREEMENT CONSULT ANT SERVICES SERVICE ORDER NO. 2 MASTER AGREEMENT NO.: M A Date: January 10, 2018 MA Maximum Compensation: $ 125,000 MA Term: NTP: January 10, 2018 MA END DATE: December 31, 2018 Consultant: Name: Doug herty Architects Address: 1904 Franklin St., Ste. 909, Oakland, CA 94612 Contact: Lance Kutz Phone: (510) 496-8440 Project Description: Project Name: Cupertino Senior Center Repairs [K)Descri ption: (simple projec t description if appropriate) Provide Ta s k s 3 .0, 4.0, 5.0, 6.0 & 7 .0 for the s ubj ect project Replace or re-wrap the existing acoustical panels in the Fountain Room and provide new panels where missing 0 Att achment A: Includes D escription of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing D e partment: Public Works Project Manager: Alex Acenas Fiscal/Budget Amount Master Agreement Maximum Compen sa tion: $125,000.00 Account No.: 420-99-059-900-905- Project Manager: Alex Acenas APPROVALS Consultant: CIP Manager: Total Previously Encumbered to Date: $16,946.00 Encumbrance this Service Order: $15,524.00 v' Total Liquidated Encumbrance: $0.00 ------Master Agreement Unencumbered Balance: $92,530.00 Date: February 6, 2018 Date: 2/18/2018 Date: 2/20/18 Appropria ti on Certification: I hereby certify that an unexp ended a ppropriation is available in the above fund for the above contract as estimated and that fund are availab le as of this date of signature. City Finance: City of Cupertino Master Agreement Page 1 of 1 Date: v(y{ Li . ·.\-.~ 1,1uilli ~ ~ ~ (, Service Order No.