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13-173 Bruce E. Biordi, Master Agreement for Program and Project Management Consultant ServicesOFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org CUPERTINO February 12, 2015 Bruce E. Biordi 398 Cloverdale Lane Campbell, CA 95008 RE: Agreement Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, �004117�e Dorothy Steenfott Senior Office Assistant cc: Public Works Enclosure = MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 SERVICE ORDER PO#: 10 Maximum Compensation: $3,400.40 Term: NTP: January 27, 2015 Approval by: City Manager City Council END DATE: March 31, 2016 ❑ Director ❑ Item Number: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Date: 01-27-2015 Date: Project Name: Cupertino Sports Center Sport Courts Design, Renovation, and Construction. ® Description: Service B-3 — provide up to 50 hours of project management services including consultant selection, scope development, consultant agreement, and consultant management through construction completion. ❑ Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works FISCAL/BUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • ENCUMBER: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 Project Manager: Katy Jensen Amount: $80,000. Consultant Comp, SO #01: $ 2,033.40 Consultant Comp, SO #02: 6,600.00 Consultant Comp, SO #03: 272.00 Consultant Comp, SO #04: 1,326.00 Consultant Comp, SO #05: 1,394.00 Consultant Comp, SO #06: 3,359.20 Consultant Comp, SO #07: 2,380.00 Consultant Comp, SO #08: 2,380.00 Consultant Comp, SO #09: 1,292.00 Total to date: $21,036.60 City of Cupertino, Service Order 10 CSC Sport Courts Renovation Project Program and Project Management Services Master Agreement January 27, 2015 Bruce E. Biordi Page 1 of 2 (standard form consultant master agreement -SO October 2013) MASTER AGREEMENT SERVICE ORDER Current unencumbered amount in Master Agreement: Encumber MA this Service Order: Master Agreement Balance Remaining: Analyst: Date: APPROVALS Consultant: I Director of Public Works: $ 58,963.40 $ 3,400.40 $ 55,563.00 Z , `F , ZO/s' Date: OI Zq- 201 Date: Z 4 zonS City of Cupertino, Service Order 10 CSC Sport Courts Renovation Project Program and Project Management Services Master Agreement January 27, 2015 Bruce E. Biordi Page 2 of 2 (standard form consultant master agreement -SO October 2013) r MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 Maximum Compensation: $3,400 Term: NTP: January 27, 2015 Approval by: City Manager City Council SERVICE ORDER PO#: END DATE: March 31, 2016 12 ❑ Director ® Date: 01-27-2015 ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Public Works Policy and Procedures Development ® Description: Service B-3 — provide up to 50 hours of project management services for development and implementation of a Public Works Policy and Procedures Manual. ❑ Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $80,000. Previously Encumbered on MA: • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • ENCUMBER: P.O. # 58263 • EXPENDED/CLOSED: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 Consultant Comp, SO #01: $ 2,033.40 Consultant Comp, SO #02: 6,600.00 Consultant Comp, SO #03: 272.00 Consultant Comp, SO #04: 1,326.00 Consultant Comp, SO #05: 1,394.00 Consultant Comp, SO #06: 3,359.20 Consultant Comp, SO #07: 2,380.00 Consultant Comp, SO #08: 2,380.00 Consultant Comp, SO #09: 1,292.00 Consultant Comp, SO #10: 3,400.40 Consultant Comp, SO #11: 3,400.00 Total to date: $27,837.00 City of Cupertino, Service Order 12 Public Works Policies and Procedures Manual Program and Project Management Services Master Agreement January 27, 2015 Bruce E. Biordi Page 1 of 2 (standard form consultant master agreement -SO October 2013) MASTER AGREEMENT SERVICE ORDER Current unencumbered amount in Master Agreement: $ 52,163.00. Encumber MA this Service Order: $ 3,400.00 Master Agreement Bal ce Remaining: $ 48,763.00 Analyst: er,- �_ Date: 2 - ¢ • �O 1S•— APPROVALS Consultant: Director of Public Works: Date: Date: 2.4 • �U �s_ City of Cupertino, Service Order 12 Public Works Policies and Procedures Manual Program and Project Management Services Master Agreement January 27, 2015 Bruce E. Biordi Page 2 of 2 (standard form consultant master agreement -SO October 2013) OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVD *DUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 177-3223 • FAX: (408) 777-3366 WEBSITE: www.cur)ertino.org CUPEFtTINO August 19, 2014 Bruce E. Biordi 398 Cloverdale Lane Campbell, CA 95008 Re: Service Order 8 and 9 for contract services. Enclosed for your records is a fully executed original copy of the agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Public Works ' candidate MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 SERVICE ORDER PO#: 08 Maximum Compensation: $2,380 Term: NTP: August 5, 2014 Approval by: City Manager City Council END DATE: March 31, 2015 ❑ Director ❑ Item Number: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Date: 08-05-2014 Date: Project Name: Sports Center Retaining'Wall Design and Construction ® Description: Service B-3 — provide up to 35 hours of project management services for the Sport Center retaining wall design and construction project including consultant selection, scope, consultant agreement, Div. 0 and 1 bid documents, and consultant management through construction ❑ Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAL/BUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: Amount: $80,000. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #01: $ 2,033.40 • ENCUMBER: P.O. # 58263 Consultant Comp, SO #02: 7,600. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #03: 272. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #04: 1,326. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #05: 1,394. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #06: 6,000. • ENCUMBER: P.O. # 58263 ConsiLltant Comp, SO #07: 2,380. Total to date: $21,005.40 Current unencumbered amount in Master Agreement: Encumber MA this Service Order: $ 58,994.60. $ 2,380. City of Cupertino, Service Order 08 CSC Retaining Wall Project Program and Project Management Services Master Agreement August 5, 2014 Bruce E. Biordi Page 1 of 2 (s�tird forin ccxIscal.t�ll r�atca _ictobcr 201 )d ` MASTER AGREEMETIT SERVICE ORDER Master Agreement Balance Remaining: $ 56,614.60 Analyst:4 L :Date: tea/ if APPROVALS Consultant: �� Date: 9W • 015• 14 - Director of Public Works: _ Date: 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 of Cupertino, Service Order 08 CSC Retaining Wall Project Program and Project Management Services Master Agreement August 5, 2014 Bruce E. Biordi Page 2 of 2 (standard form constiltant master agreement -SO October 2013) MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 Maximum Compensation: $1,700 Term: NTP: August 5, 2014 Approval by: City Manager City Council SERVICE ORDER PO#: 09 END DATE: March 31, 2015 ❑ Director ® Date: 08-05-2014 ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Portal Park -Collins School Cricket Batting Cage Replacement ® Description: Service B-3 — provide up to 25 hours of project management services including consultant selection, scope development, consultant agreement, and consultant management through construction completion. ❑ Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $80,000. Previously Encumbered on MA: • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #01: $ 2,033.40 • ENCUMBER: P.O. # 58263 Consultant Comp, SO #02: 7,600. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #03: 272. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #04: 1,326. • EXPENDED/CLOSED: P.O. # 58263 Consultant Comp, SO #05: 1,394. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #06: 6,000. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #07: 2,380. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #08: 2,380. Total to date: $23,385.40 Current unencumbered amount in Master Agreement: $ 56,614.60. Encumber MA this Service Order: $ 1,700. City of Cupertino, Service Order 09 Portal Park Cricket Cage Project Program and Project Management Services Master Agreement August 5, 2014 Bruce E. Biordi Page 1 of 2 (staridard fc .ro'l cor1stal.tant rnaste. �a. �= � .�a�.c.c t: -4i:? f..?ctobor 2011', MASTER AGREEMENT SERVICE ORDER Master Agreement Balance Remaining: $ 54,914.60 Analyst: Date: • rg -20 APPROVALS Consultant:` Date: • ®5 •84 Director of Public Works: _ Date: 18 i City of Cupertino, Service Order 09 e Portal Park Cricket Cage Project Program and Project Management Services Master Agreement August 5, 2014 Bruce E. Biordi Page 2 of 2 (standard form consultant master agreement -SO October -2013) 2' CUPERTINO City of Cupertino - Public Works Department TRANSMITTAL To: /Clerk PW Records From: Katy Jensen, CIP Manager Date: March 17, 2013 Reference: Service Order 05 and 06 — Bruce E Biordi Attached are one copy each of SO 05 and 06 for your records MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 Maximum Compensation: $2,380 Term: NTP: March 17, 2014 Approval by: City Manager City Council SERVICE ORDER PO#: 05 END DATE: May 31, 2014 ❑ Director ® Date: 03-17-2014 ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Sports Center Retaining; Wall Investigation ® Description: Service B-3 — provide up to 35 hours of project management services for the Sport Center retaining wall structural investigation and evaluation including consultant selection, scope, and agreement, and management. ❑ Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works FISCAL/BUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: Project Manager: Katy Jensen Amount: $80,000. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #01: $ 5,550. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #02: $ 7,600. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #03: $ 272. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #04: 4,080. Total to date: $17,452. Cur -rent unencumbered amount in Master Agreement: Encumber MA this Service Order: Master Agreement Balance Remaining: Analyst:/ Date: 3'/�- 7 $ 62,548. $ 2,380. $ 60,168. City of Cupertino, Service Order 05 Sports Center Retaining Wall Investigation Program and Project Management Services Master Agreement March 17, 2014 Bruce E. Biordi Page 1 of 2 E:st::iltdard I`€ rni �'3 1 MASTER AGREEMENT SERVICE ORDER APPROVALS c Consultant: Date: O-3, 1' Director of Public Works: _ Date: 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: Name: �/j/�G<GC� _ Date: City of Cupertino, Service Order 05 Program and Project Management Services Master Agreement Bruce E. Biordi (standard form otisu, tz_ritt rn'Xstz x�_��fc=r�:i�t �_C)Octcii•t:r'_'(?`l:if Sports Center Retaining Wall Investigation March 17, 2014 Page 2 of 2 MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 Maximum Compensation: $6,000.00 SERVICE ORDER PO#: 06 Term: NTP: March 17, 2014 END D,A TE: November 30, 2014 Approval by: City Manager ❑ Director ® Date: 03-17-2014 City Council ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale. Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Sports Center Multi Use Court Design and Construction Documents ® Description: Manage design and construction documents for Sports Center Multi Use Court. ® Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Cornpensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $80,000. Previously Encumbered on MA: • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 Consultant Comp, SO #01: $ 5,550. Consultant Comp, SO #02: $ 7,600. Consultant Comp, SO #03: $ 272. Consultant Comp, SO #04: $ 4,080. Consultant Comp, SO #05: 2,380. Total to date: $19,832 Current unencumbered amount in Master Agreement: $60,168. Encumber MA this Service Order: $ 6,000. Master Agreement. Balance Remaining: $54,168. Analyst: X14 Date: 3' jam- 2014 City of Cupertino, Service Order 06 Sports Center Multi Use Court Design Program and Project Management Services Master Agreement March 17, 2014 Bruce E. Biordi Page 1 of 2 (steno Mrd form€>,tisult ntr___._Ic,s,_�s�ccsi�,_rt X0(.3€i€iEw-''-'0 : i APPROVALS Consultant: MASTER AGREEMENT SERVICE ORDER ®_ Date: Director of Public Works: Date: Appropriation Certification: 1 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: Name: /67 r�,4G:c,tAZZ _ Date: City of Cupertino, Service Order 06 Sports Center Multi Use Court Design Program and Project Management Services Master Agreement March 17, 2014 Bruce E. Biordi Page 2 of 2 (standard ft33 :n i £3psu l t nt X= +_i E -t a ;L£ gui nt-S 0'(ktobi r i0115)} CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER #06 SPORTS CENTER MULTI USE COURT DESIGN INTRODUCTION Service Order #06 under a Master Agreement i=or Program and Project Management Services dated November 12, 2013, between the City of Cupertino ("CITY") and Bruce E. Biordi ("CONSULTANT"), a sole proprietorship. Attachment "A", to Service Order No. 06 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for the Sports Center Multi Use Court Design project. ITEM A: DESCRIPTION OF PROJECT ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D: SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Provide Project Management services for Sports Center Multi Use Court A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Bruce E. Biordi CITY: The Department of Public Works Bruce E. Biordi, Owner Katy Jensen, CIP Manager 398 Cloverdale Lane Campbell CA 95008 10,300 Torre Avenue Cu. ertino, CA 95014 (408) 480--4370 408-777-3248 bruce.pmconsultant@gmail.com katyj@cupertino.org City of Cupertino, Service Order 06 Sports Center Multi Use Court Design Program & Project Management Master Agreement March 17, 2014 Bruce E. Biordi Page 1 of 4 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Project Coordination and Control 1.1 Coordinate project with City and Consultant 1.2 prepare master agreement/service order 1.3 prepare/maintain project schedule 1.4 provide meeting minutes 1.5 project correspondence TASK 2.0 Project Consultant Selection 2.1 Assist City with project consultant selection TASK 3.0 Project Consultant Agreement 3.1 Develop project consultant agreement 3.2 Facilitate agreement execution TASK 4.0 Project Consultant Design Management 4.1 Monitor consultant performance and inform City 4.2 Facilitate project issue resolution between City and Consultant 4.3 Review consultant progreSS against monthly schedule 4.4 Facilitate receipt of 100% project construction documents TASK 5.0 Bid Package Development 5.1 Assemble front end bid documents for bid 5.2 Assemble public bid package 5.3 Facilitate pre bid meeting 5.4 Coordinate bid questions between City, Consultant, and Bidders 5.5 Attend Bid Opening 5.6 Review bid results and evaluate TASK 6.0 Construction Management Coordination 6.1 Facilitate communication between. Project Design Consultant, City, and Contractor 6.2 Observe construction periodically 6.3 Coordinate design issues with City Construction Manager City of Cupertino, Service Order 06 Sports Center Multi Use Court Design Program & Project Management Master Agreement March 17, 2014 Bruce E. Biordi Page 2 of 4 MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 SERVICE ORDER PO#: 06 Maximum Compensation: $6,000.00 Term: NTP: March 17, 2014 END DATE: November 30, 2014 Approval by: City Manager ❑ Director Date: 03-17-2014 City Council ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Sports Center Multi Use Court Design and Construction Documents • Description: Manage design and construction documents for Sports Center Multi Use Court. • Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works FISCALBUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 • ENCUMBER: P.O. # 58263 Project Manager: Katy Jensen Amount: $80,000. Consultant Comp, SO #01: $ 5;550. Consultant Comp, SO #02: $ 7,600. Consultant Comp, SO #03: $ 272. Consultant Comp, SO #04: $ 4,080. Consultant Comp, SO #05: 2,380. Total to date: $19,832 Current unencumbered amount in Master Agreement: $60,168. Encumber MA this Service Order: $ 6,000. Master Agreement Balance Remaining: $54,168. Analyst: 77� Date: 3 - jam- ?o/4 City of Cupertino, Service Order 06 Sports Center Multi Use Court Design Program and Project Management Services Master Agreement March 17, 2014 Bruce E. Biordi Page 1 of 2 (siarr Gzrri t'c:�r i Lr t iy' ,L4leer� :_�t _i7 0 t(;) e;r 2(YI 3) ITEM C: DELIVERABLES The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 1.0 Draft Service Order Final Service Order Monthly project schedule Meeting minutes Correspondence I TASK 2.0 Draft Project Consultant agreement. Final Project Consultant agreement. TASK 4.0 Monthly project progress report Correspondence. TASK 5.0 Draft project bid package Final project bid package I TASK 6.0 Construction site visit reports (3) ITEM D: SCHEDULE OF PERFORMANCE All work under this Service Order shall be completed by November 30, 2014 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Draft Service Order March 11, 2013 Final Service Order March 17, 2013 Monthly project schedule 1St Monday of each month Meeting minutes 3 business days after meeting Correspondence cc on all originals TASK 2.0 Draft Project Consultant agreement 5 business days after selection Final Project Consultant agreement 3 business days after draft comments jTASK 4.0 Monthly project progress report: 1St Friday of each month I TASK 5.0 Draft project bid package 10 business days after 100 % document approval Final project bid package 5 business days after draft comments i TASK 6.0 Site visit report 3 business days after visit City of Cupertino, Service Order 06 Sports Center Multi Use Court Design Program & Project Management Master Agreement March 17, 2014 Bruce E. Biordi Page 3 of 4 ITEM E: COMPENSATION A. Base Compensation Compensation for Task of ITEM B is based on the hourly rate indicated in Exhibit C, Compensation, of the Master Agreement. The maximum compensation for this Service Order shall not exceed five thousand three hundred and thirty dollars ($5,330.00. Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses There are no reimbursable expenses in this Service Order C. Additional Services Compensation in the amount of seven hundred dollars ($700.00) is included for additional services required in the performance of this Service Order which are not expressly stated in Tasks 1.0-6.0. Additional services may be authorized and added to this Service Order only by written addendum duly executed by the City of Cupertino and the Consultant. In no case shall the compensation for additional services exceed the maximum compensation stated in Item E, 5 below. D. Maximum Compensation The maximum compensation for Service Order 01 is six thousand dollars ($6,000.00). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. END OF ATTACHMENT A City of Cupertino, Service Order 06 Program_ & Project Management Master Agreement Bruce E. Biordi Sports Center Multi Use Court Design March 17, 2014 Page 4 of 4 2 CUPERTINO City of Cupertino - Public Works Department TRANSMITTAL To:Clerk PW Records From: Katy Jensen, CIP Manager Date: March 17, 2013 Reference: Service Order 07 — Bruce E Biordi Attached is one copy of SO 07 for your records MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 Maximum Compensation: $2,380 Term: NTP: March 17, 2014 Approval by: City Manager City Council SERVICE ORDER PO#: 07 END DATE: June 30, 2014 ❑ Director Date: 03-17-2014 ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Landscape Architecture :R.FQ and Consultant Selection process ZDescription: Service B-3 — provide up to 35 hours of project management services to conduct a Request for Qualifications and Consultant Selection process for Professional Landscape Architecture services. ❑ Attachment A: CITY PROJECT MANAGEMENT Managing Department: Public Works FISCAL/BUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: Project Manager: Katy Jensen Amount: $80,000. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #01: $ 5,550. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #02: $ 7,600. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #03: $ 272. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #04: $ 4,080. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #05: 2,380. Total to date: $19,832 Current unencumbered amount in Master Agreement: Encumber MA this Service Order:. Master Agreement Balance Remaining: Analyst: :Crate: 3 • J �- - 70 $ 60,168. $ 2,380. $ 57,788. City of Cupertino, Service Order 07 Landscape Architecture RFQ Program and Project Management Services Master Agreement March 17, 2014 Bruce E. Biordi Page 1 of 2. (standard. form consultant iastc 1__Zgrt c )w,:nt-S0 October. 2013) MASTER AGREEMENT SERVICE ORDER APPROVALS Consultant: Date:�� Director of Public Works: Date: _ `�- 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: Name: /Vp7-46-aL145 ¢fAG67— _ Date: City of Cupertino, Service Order 07 Landscape Architecture RFQ Program and Project Management Services Master Agreement March 17, 2014 Bruce E. Biordi Page 2 of 2 (standard tor,kaze?yE (r�i:rr : 3c'.� MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-[110-8101-7104] P.O. # 58263 Maximum Compensation: $ 80,000. Term: NTP: November 14, 2013 Approval by: City Manager ❑ City Council ❑ Consultant: Firm Name: Bruce E. Biordi SERVICE ORDER PO#: 03 Service Order Amt: $272. END DATE: November 18, 2013 Director ® Date: 11-14-2013 Item Number: Date: Address: 398 Cloverdale "Lane, Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Consultant Interviews -Cost Estimating ® Description: Service B-3 - provide up to 4 hours of service: participate in consultant interview process. ❑ Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $80,000. Previously Encumbered on MA: • ENCUMBER: P.O. # 58263 Consultant Comp, SO #01: $ 5,550. • ENCUMBER: P.O. # 58263 Consultant Comp, SO #02: 7,600. Total to date: $13,150. Current unencumbered amount in Master Agreement: $ 66,850. Encumber MA this Service Order: $ 272• Master Agreement Balance Remaining: $ 66,578. Contract Manager: Date: City of Cupertino Service Order # 03 Program and Project Management Services - Bruce E. Biordi Page 1 of 2 .... MASTER AGREEME'\]T SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 SERVICE ORDER PO#: 02 C t to - 5� i v i- �-I v►t) Maximum Compensation: $7,600. Term: NTP: November 14, 2013 END DATE: July 1, 2014 Approval by: City Manager ❑ Director ® Date: 11-14-2013 City Council ❑ Item Number: Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION: Project Name: McClellan Ranch Preserve Signage Program ® Description: Develop a signage program and system guideline for McClellan Ranch Preserve with elements that consider and are suitable for use elsewhere along the Stevens Creek corridor ® Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAL/BUDGET Master Agreement Maximum Compensation: Amount: $80,000 Previously Encumbered on MA: ENCUMBER: Fund: Appn: RC: Ccnsultant Comp, SO #01: $5,550 Total Encumbered on MA to date: $5,550 Current unencumbered amount in Master Agreement: $74.450 Encumber MA this Service Order: ENCUMBER: Fund: Appn: RC: Consultant Comp, SO #02: 7,600 Master Agreement Balance: $ 66,850 1'7-gA,y Analyst: Date: City of Cupertino, Service Order 02 MRP Signage Program and Project Management Services November 14, 2013 Bruce E. Biordi Page 1 of 2 ,4•i,z cEr i{,°rz �x�zyiitmcf,r},titz zjke:cxxit* t SC)t.}c:°tcltt:r MASTER AGREEMENIT SERVICE ORDER APPROVALS Consultant: Date: Director of Public Works: ,�,� Date: -nom 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: Not Name: City of Cupertino, Service Order 02 Program and Project Management Services Bruce E Biordi <f. z s�< ics.:rt� zx3tt t_S C), C'?ct�:f?car �fit:7't IrIv u tit Date: MRP Signage November 14, 2013 Page 2 of 2 CITY OF C:UPERTINO ATTACHMENT A SERVICE ORDER 402 McCLELLAN RANCH PRESERVE SIGNAGE PROGRAM INTRODUCTION Service Order #02 under a Master Agreement for Program and Project Management Services dated November 12, 2013, between the City of Cupertino ("CITY") and Bruce E. Biordi ("CONSULTANT"), a sole proprietorship. Attachment "A", to Service Order No. 02 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for the McClellan Ranch Preserve Signage Program project. ITEM A: DESCRIPTION OF PROJECT ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D: SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Provide Project Management services for the development of a comprehensive signage program at the McClellan Park Preserve in the City of Cupertino. A-2 PROJECT COORDINATION The following individuals are thE' primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Bruce E. Biordi CITY: The Department of Public Works Bruce E. Biordi, Owner Katy Jensen, CIP Manager 398 Cloverdale Lane Campbell CA 95008 10300 Torre Avenue Cupertino, CA 95014 _ (408) 480-4370 408-777-3248 bruce.pmconsultant@gmail.com katyj@cupertino.org City of Cupertino, Service Order 02 MRP Signage Program Program & Project Management Master Agreement November 14, 2013 Bruce E. Biordi Page 1 of 4 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Project Coordination and Control 1.1 Coordinate project with City and Consultant. 1.2 prepare master agreement/service order. 1.3 prepare/maintain project schedule. 1.4 provide meeting minutes. 1.5 project correspondence. TASK 2.0 Project Consultant Selection 2.1 Assist City with project consultant selection. 2.2 Provide consultant opinion. TASK 3.0 Project Consultant Agreement 3.1 Develop project consultant agreement. 3.2 Facilitate agreement Execution. TASK 4.0 Project Consultant Design Management 4.1 Monitor consultant performance and inform City. 4.2 Facilitate project issue resolution between City and Consultant. 4.3 Review consultant progress against monthly schedule. 4.4 Facilitate receipt of 100% project deliverables TASK 5.0 Facilitate Community Meetings (2) 5.1 Identify project stakeholders and coordinate noticing. 5.2 Monitor Consultant presentation for community meeting. 5.3 Meet with City staff and Consultant to discuss meeting strategy. 5.4 Attend Community meeting, monitor, and evaluate. 5.5 Meet with City staff and Consultant after meeting. TASK 6.0 Manage Consultant Design Development 6.1 Monitor consultant progress on 50% documents. 6.2 Review 50% documents with City staff and collect comments. 6.3 Transmit staff comments to Consultant and discuss. 6.4 Monitor consultant progress on 95% documents. 6.5 Review 95% documents with City staff and collect comments. 6.6 Transmit staff comments to Consultant and discuss. 6.7 Monitor consultant progress on 100% documents. 6.8 Review 100% documents and release to City staff. City of Cupertino, Service Order 02 MRP Signage Program Program & Project Management Master Agreement November 14, 2013 Bruce E. Biordi Page 2 of 4 ITEM C: DELIVERABLES The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 1.0 Draft Master Agreement Final Master Agreement Draft Service Order Final Service Order Monthly project schedule Meeting minutes Correspondence TASK 2.0 Written project consultant opinion. TASK 3.0 Draft Project Consultant agreement. Final Project Consultant agreement. TASK 4.0 Monthly project progress report TASK 5.0 Provide Community Meeting Summary Report TASK 6.0 Provide monthly status report ITEM D: SCHEDULE OF PERFORMANCE All work under this Service Order shall be completed by July 01, 2014 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Draft Master Agreement Final Master Agreement Draft Service Order Final Service Order Monthly project schedule Meeting minutes Correspondence TASK 2.0 Written project consultant opinion TASK 3.0 Draft Project Consultant agreement Final Project Consultant agreement TASK 4.0 Monthly project progress report City of Cupertino, Service Order 02 Program & Project Management Master Agreement Bruce E. Biordi November 3, 2013 November 8, 2013 November 12, 2013 November 14, 2013 1st Monday of each month 3 business days after meeting cc on all originals 3 business days after interviews 5 business days after selection 3 business days after comments 1st Friday of each month MRP Signage Program November 14, 2013 Page 3 of 4 TASK 5.0 Community Meeting Summary Report TASK 6.0 Monthly project progress report ITEM E: COMPENSATION A. Base Compensation 3 business days after meeting 15t Friday of each month Compensation for Task of ITEM B is based on the hourly rate indicated in Exhibit C, Compensation, of the Master Agreement:. The maximum compensation for this Service Order shall not exceed six thousand six hundred dollars ($6,600.00). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses There are no reimbursable expenses in this Service Order C. Additional Services Compensation in the amount of one thousand dollars ($1,000.00) is included for additional services required in the performance of this Service Order which are not expressly stated in Tasks 1.0-6.0. Additional services may be authorized and added to this Service Order only by written addendum duly executed by the City of Cupertino and the Consultant. In no case shall the compensation for additiona:. ;services exceed the maximum compensation stated in Item E, 5 below. D. Maximum Compensation The maximum compensation for Service Order 02 is seven thousand six hundred dollars ($7,600.00)Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. END OF ATTACHMENT City of Cupertino, Service Order 02 Program & Project Management Master Agreement Bruce E. Biordi MRP Signage Program November 14, 2013 Page 4 of 4 MASTER AGREEMENT SERVICE ORDER MASTER AGREEMENT #: 2013-8000-01 (Illi -P-101 - Tlc4-) C s7e, Z -'a' 3 Maximum Compensation: $5,550.00 Term: NTP: November 14, 2013 Approval by: City Manager City Council SERVICE ORDER PO#: 01 END DATE: July 1, 2014 Director El Item Number ® Date: 11-14-2013 Date: Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale' --ane Campbell, CA 95008 Contact: Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Linda Vista Pond Repair ® Description: Repair existing ponds end return to service. ® Attachment A: Includes Description of Project, Scope of Services, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works Project Manager: Katy Jensen FISCAUBUDGET Master Agreement Maximum Compensation: Previously Encumbered on MA: $ -0- Total Encumbered on MA to date: $ -0- Current unencumbered amount in Master Agreement: Encumber MA this Service Order: ENCUMBER: Fund: Appn: RC: Consultant Comp, SO 01: Amount: $80,000 Master Agreement Balance: Analyst: Date: 5,550 $ 74,450 City of Cupertino, Service Order 01 Linda Vista Pond Kepair Program and Project Management Services Master Agreement November 14, 2013 Bruce E. Biordi Page 1 of 2 l� ria>tl5%ttt�zrilrr_,�5't�f MASTER AGREEME14T SERVICE ORDER APPROVALS Consultant:Date: �3 `�' Director of Public Works: Date: 7'i�lc I� Appropriation Certification: I hereby certify that c n 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: /Yom- �� < < ABLE %i� �- � yLe�� 5-AX-70,W-2501�6�) Name: Date: City of Cupertino, Service Order 01 Program and Project Management Services Master Agreement Bruce E. Biordi kst mlard 1orl1t cc>t s ritaxtt rrza ste tea rr; rpt S 0 (..?c:tc i t r Linda Vista Pond Repair November 14, 2013 Page 2 of 2 CITY OF CUPERTINO ATTACHMENT A SERVICE ORDER #01 LINDA VISTA POND REPAIR INTRODUCTION Service Order #01 under a Master Agreement for Program and Project Management Services dated November 12, 2013, between the City of Cupertino ("CITY") and Bruce E. Biordi ("CONSULTANT"), a sole proprietorship. Attachment "A", to Service Order No. 01 (SO), defines the CONSULTANT scope of services, schedule of performance, deliverables, and compensation for the Linda Vista Park Pond Repair project. ITEM A: DESCRIPTION OF PROJECT ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES ITEM C: DELIVERABLES ITEM D: SCHEDULE OF PERFORMANCE ITEM E: COMPENSATION ITEM A: PROJECT DESCRIPTION A-1 DESCRIPTION Provide Project Management services for repair of the Linda Vista Ponds. A-2 PROJECT COORDINATION The following individuals are the primary contacts for all questions and actions regarding the administration of this Service Order: CONSULTANT: Bruce E. Biordi CITY: The Department of Public Works Bruce E. Biordi, Owner Katy Jensen, CIP Manager 398 Cloverdale Lane Campbell CA 95008 10,300 Torre Avenue Cupertino, CA 95014 (408) 480-4370 408-777-3248 bruce.pmconsultant@gmail.com k;ityj@cupertino.org City of Cupertino, Service Order 01 Program & Project Management Master Agreement Bruce E. Biordi Linda Vista Park Pond Repair November 14, 2013 Page 1 of 4 ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES The CONSULTANT shall perform the following specific services: TASK 1.0 Project Coordination and Control 1.1 Coordinate project with City and Consultant 1.2 prepare master agreement/service order 1.3 prepare/maintain project schedule 1.4 provide meeting minutes 1.5 project correspondence TASK 2.0 Project Consultant Selection 2.1 Assist City with project consultant selection 2.2 Provide consultant opinion TASK 3.0 Project Consultant Agreement 3.1 Develop project consultant agreement 3.2 Facilitate agreement execution TASK 4.0 Project Consultant Design Management 4.1 Monitor consultant performance and inform City 4.2 Facilitate project issue resolution between City and Consultant 4.3 Review consultant progress against monthly schedule 4.4 Facilitate receipt of 100% project construction documents TASK 5.0 Bid Package Development 5.1 Assemble front end bid documents for bid 5.2 Assemble public bid package 5.3 Facilitate pre bid meeting 5.4 Coordinate bid questions between City, Consultant, and Bidders 5.5 Attend Bid Opening 5.6 Review bid results and evaluate TASK 6.0 Construction Management Coordination 6.1 Facilitate communication between Project Design Consultant, City, and Contractor 6.2 Observe construction periodically 6.3 Coordinate design issues with City Construction Manager City of Cupertino, Service Order 01 Linda Vista Park Pond Repair Program & Project Management Master Agreement November 14, 2013 Bruce E. Biordi Page 2 of 4 ITEM C: DELIVERABLES The CONSULTANT shall deliver the following Items to the CITY under this SO: TASK 1.0 Draft Master Agreement Final Master Agreement Draft Service Order Final Service Order Monthly project schedule Meeting minutes Correspondence TASK 2.0 Written project consultant opinion. TASK 3.0 Draft Project Consultant agreement. Final Project Consultant agreement. TASK 4.0 Monthly project progress report Correspondence. TASK 5.0 Draft project bid package Final project bid package TASK 6.0 Site visit reports (3) ITEM D: SCHEDULE OF PERFORMANCE All work under this Service Order shall be completed by July 01, 2014 DELIVERY SCHEDULE The task deliverables in Item C shall be received by the CITY as indicated below: TASK 1.0 Draft Master Agreement November 3, 2013 Final Master Agreement November 8, 2013 Draft Service Order November 12, 2013 Final Service Order November 14, 2013 Monthly project schedule 1st Monday of each month Meeting minutes 3 business days after meeting Correspondence cc on all originals TASK 2.0 Written project consultant recommendation 3 business days after interviews TASK 3.0 Draft Project Consultant agreement 5 business days after selection Final Project Consultant agreement 3 business days after draft comments City of Cupertino, Service Order 01 Program & Project Management Master Agreement Bruce E. Biordi Linda Vista Park Pond Repair November 14, 2013 Page 3 of 4 TASK 4.0 Monthly project progress report TASK 5.0 Draft project bid package Final project bid package TASK 6.0 Site visit report ITEM E: COMPENSATION A. Base Compensation Pt Friday of each month 10 business days after plan approval 5 business days after draft comments 1 business day after visit Compensation for Task of ITEM B is based on the hourly rate indicated in Exhibit C, Compensation, of the Master Agreement. The maximum compensation for this Service Order shall not exceed four thousand eight hundred and fifty dollars ($4,850.00). Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. B. Reimbursable Expenses There are no reimbursable expenses in this: Service Order C. Additional Services Compensation in the amount of seven hundred dollars ($700.00) is included for additional services required in the performance of this Service Order which are not expressly stated in Tasks 1.0-6.0. Additional services may be authorized and added to this Service Order only by written addendum duly executed by the City of Cupertino and the Consultant. In no case shall the compensation for additional services exceed the maximum compensation stated in Item E, 5 below. D. Maximum Compensation The maximum compensation for Service Order 01 is five thousand five hundred fifty dollars ($5,550.00)Any hours worked for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY. END OF ATTACHMENT City of Cupertino, Service Order 01 Linda Vista Park Pond Repair Program & Project Management Master Agreement November 14, 2013 Bruce E. Biordi Page 4 of 4 November 13, 2013 Bruce E. Biordi 398 Cloverdale Lane Ste, CA 9R310-- RE: Agreement OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cup(>rtino.org Enclosed for your records is a fully executed original copy of your agreement with the City of Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-3354. Sincerely, �aA 0"�� Dorothy Steenfott Senior Office Assistant cc: Public Works Enclosure Pr4an)s e -1C0 MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CE E. BIORDI FOR PROGRAM AND PROJECT MANAGEMENT CONSULTANT SERVICES THIS MASTER AGREEMENT, for reference dated October 31, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and, BRUCE E. BIORDI (a sole proprietor) whose address is 398 Cloverdale Lane, San Jose, CA 95130; telephone no. (408) 480-4370 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes; of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this; Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for Program and Project Management Services upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: TERM: The term of this Agreement shall commence on the date this agreement is executed and shall terminate on April 30, 2015 unless terminate earlier as set forth herein. SCOPE OF SERVICES Consultant shall provide services under tris Master Agreement on an "as needed" basis and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed Service Order as set forth in Exhibit B, Service Order Process; both Exhibits which are attached hereto and incorporated herein by this reference. The City has sole discretion to authorize any Service Order and has no obligation to do so under this Master Agreement. City of Cupertino Consultant Master Agreement Program & Project Management Services - Bruce E. Biordi Page 1 of 11 3. SCHEDULE OF PERFOMRANCE: All Consultant services under this Master Agreement shall be completed on or before the end of the Master Agreement Term. Each authorized Service Order shall include its own defined Schedule of Performance. In no case shall any Service Order's schedule of performance extend beyond the Master Agreement Term. 4. CONSULTANT COMPENSATION: The maximum compensation to be paid to Consultant under this Master Agreement shall not exceed Eighty Thousand Dollars ($ 80,000.00). The rate of payment is set out in Exhibit C, titled "Compensation', which is attached hereto and incorporated herein. No payment shall be made under this agreement unless authorized by a fully executed Service Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum compensation for this Master Agreement as defined above. METHOD OF PAYMENT: The method of payment for services performed under this agreement is set out in Exhibit C, titled "Method of Payment", which is attached hE-reto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each authorized Service Order, clearly stating; the total Contract amount, amount paid to date, the work performed and percent complete, and amount due. All requests for payment from Consultant to City shall be addressed to the City to: Attention: Katy Jensen City of Cupertino 10300 Torre Ave. Cupertino CA 95014 TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 7. STANDARD OF CARE: Consultant agrees to perform all <;ervices hereunder in a manner commensurate with the practice of a professional that specializE's in performing professional services of a like Consultant Master Agreement City of Cupertino Program & Project Management Services -Bruce E. Biordi Page 2 of 11 nature and complexity, and agrees that all services shall be performed by similarly qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 8. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer -independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but riot limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. IMMIGRATION REFORM AND CONTROL ACT (IBCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 10. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed,, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 11. PROJECT COORDINATION CITY: The Director of Public Works, or designated agent, shall be representative of City for all purposes under this Agreement. Katy Jensen is hereby designated as the Director of Public Works' agent and shall supervise the progress and execution of this Agreement. City of Cupertino consultant Master Agreement Program & Project Management Services - Bruce E. Biordi Page 3 of 11 CONSULTANT: Consultant shall assign a single Consultant Project Executive to have overall responsibility for the progress and execu aon of this Agreement for the Consultant. If, subsequent to the execution of the Agreement, circumstances or conditions require a substitute Consultant Project Executive for any reason, the proposed replacement Consultant Project Manager shall be subject to the prior written acceptance and approval of the City Director of Public Works or the above named designated agent.. The designated Consultant Project Executive for the Agreement term shall be Bruce F. Biordi. 12. HOLD HARMLESS: Consultant shall, to the fullest extent allONVed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage tc property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of this Agreement by Consultant: or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and al l other costs and fees of litigation. 13. INSURANCE: On or before the commencement of the teen of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liabili : Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 Consultant Master Agreement City of Cupertino Program & Project Management Services -Bruce E. Biondi Page 4 of 11 �i.r;T each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and aui omotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of C onsultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums havE- not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. City of Cupertino Consultant Master Agreement Program & Project Management Services - Bruce E. Biordi Page 5 of 11 E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 14. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant nay be required to fill out a conflict of interest form or Statement of Economic Interest (Form 700) if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700, et seq. of the California Code of Regulations. 15. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. ]However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Writter. notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 16. SUBCONSULTANT APPROVAL: Unless prior written consent from City is obtained, only those people and subconsultants whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subconsultants, such subconsultants shall be required to furnish proof of workers' compensation insurance and shall also be required to carry, at a minimum, general, automobile and professional liability insurance equal to the insurance maintained by the Consultant as required by this agreement. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. City of Cupertino Consultant Master Agreement Program & Project Management Services - Bruce E. Biordi Page 6 of 11 17. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 18. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as 'Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original :Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Documents shall be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 19. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. City of Cupertino Consultant master agreement Program & Project Management Services - Bruce E. Biordi Page 7 of 11 0 Consultant shall provide free access to such books. and records to the representatives of City or its designees during normal business hours, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 20. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Katy Jensen All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Bruce E. Biordi 398 Cloverdale Lane San Jose, CA 95130 21. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. The City shall notify the Consultant of such default ,in writing, specifying the nature of such default and the steps necessary to cure such default, If, after receipt by Consultant, such default is not cured within the time specified, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written. notice to Consultant as provided herein. City of Cupertino c:onsuitant rvraster Agreentem Program & Project Management Services - Bruce E. Biordi Page 8 of 11 Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 22. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 23. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 24. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. City of Cupertino Program & Project Management Services - Bruce E. Biordi Consultant Master agreement Page 9 of 11 11 26. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 27. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 28. REPRESENTATION OF AUTHORITY: The person executing this agreement on behalf of the CONSULTANT does hereby represent and warrant that the CONSULTANT is a sole proprietor in the State of California and has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement. 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. City of Cupertino Consultant Master Agreement Program & Project Management Services - Bruce E. Biordi Page 10 of 11 Y t'r -A i i •i'tc'.E11 l � �..ir S 3 ,_., - 1 i CONSULTANT BRUCE E. BIORDI A :.. Title ,956>022— Date LC' • 'il • Z10 Tax I.D. No.: '?. -- Address: 398 Cloverdale Lane San Jose, CA 95130 CITY OF CUPERTINO A Munici.aal Corporation Timm Borden, Director of Public Works Date L,13T,3, APP?QV ED AS TO FORM: C1 PILUt9-IA� Carol Korade, City Attorney ATTEST: Grace Schmidt, City Clerk Contract amount: *50 ODD . 00 10 Account No.: 0 - Gt O i - %DI i 4� f // � //) City of Cupertino Consultant Master Agreement Program & Project Management Services - Bruce E. Biordi Page 11 of 11 ,.i':it1t PiT L'i3it; t<::kP..1T 1 .ti C;tY€€E S-lt'.Il < �, a EXHIBIT A SCOPE OF SERVICES The CONSULTANT shall provide certain Program and Project Management services as required and requested by the CITY. The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and pal(1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1- GENERAL PROVISIONS A. The CONSULTANT shall perform all services to the satisfaction of the CITY's Public Works Director or authorized Agent. B. The CONSULTANT shall perform all services under this agreement to the currently prevailing professional standards and quality found among Program and Project Management Consultants with similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. C. The CONSULTANT shall perform services under this 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. Unauthorized services performed by the CONSULTANT shall be at no cost to the CITY. D. The CONSULTANT shall begin work only after receipt of a fully authorized and executed SERVICE ORDER. The CITY shall incorporate each authorized and fully executed SERVICE ORDER into the terms and conditions of this MASTER AGREEMENT. E. The CITY shall designate a Project Manager for each authorized and fully executed SERVICE ORDER under this AGREEMENT. The CONSULTANT shall coordinate the SERVICE ORDER performance with the C:ITY's designated Project Manager. SECTION 2. BASIC SERVICES The Consultant shall provide Program and Project Management services for various CITY Public Works projects. All services performed shall be authorized by a fully executed SERVICE ORDER prior to work commencement. Consultant services under this Master Agreement may include, but are not limited to: City of Cupertino Exhibit A -Scope of Services Program & Project Management Services - Bruce E. Biordi Page 1 of 2 0 EXHIBIT A SCOPE OF SERVICES A. Program or Project Feasibility Phase 1) Define general project performance requirements from City staff meetings 2) Site visits 3) Project team building 4) Stakeholder coordination 5) Public meeting coordination 6) Program and/or project budget and schedule 7) Review project scope and identify specialty consultants for project design and implementation 8) Program and/or project schedule development B. Project Design Phase 1) Develop sources for required project consultant services 2) Prepare Consultant Requests for Proposal using City standard format. 3) Conduct Consultant selection using estabL.shed CITY process. 4) Prepare Consultant scope of services and agreement for City. 5) Negotiate Design Consultant fees 6) Manage project schedule 7) Manage Consultant agreements and review payment requests. 8) Coordinate Public Meetings for stakeholder input with City Staff 9) Monitor design process, project design development, and provide comments for consultant feedback. 10) Evaluate additional Design Consultant services as required. 11) Coordinate final construction documents review with City professional staff and provide consultant feedback. 12) Assist City staff with prequalifying contractors. 13) Assist City with the project bid process. C. Bid Phase: 1) Assemble front end bid documents using City standard language 2) Assemble bid package for City staff to use for public bid 3) Prepare bid results for City staff D. Construction Phase: 1) Coordinate information between Design Consultant and Construction Manager END OF EXHIBIT City of Cupertino Exhibit A -Scope of Services Program & Project Management Services - Bruce E. Biordi Page 2 of 2 e EXHIBIT B SERVICE ORDER PROCESS The CONSULTANT shall provide services under this Master Agreement on an "as needed" basis and only (1) upon written request from the CITY's Director of Public Works or authorized Agent as defined in Article 11, Project Coordination, and (2) as defined in a fully executed Service Order.. SECTION 1- SERVICE ORDER INITIATION A. The City Public Works Director or his designee shall provide written request for Consultant services as defined in this agreement. The Consultant and City shall meet to discuss the services after which the consultant shall provide a written proposal including specific scope of services, performance schedule, and compensation to the City. B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of the Service Order. C. The City shall prepare a Project Service Order consistent with the City's standard form, Service Order, and Attachment A. The Service Order shall, at a minimum, include (1) specific scope of services, deliverables, schedule of performance, and compensation. SECTION 2- SERVICE ORDER EXECUTION D. Both parties shall execute the Service Order as evidenced by the signatures of the authorized representatives defined in Article 11 of the Master Agreement, Project Coordination, and the date signed. E. The Consultant shall begin work on the scope of services only after receipt of a fully executed authorized Service Order defining those services. Consultant understands and agrees that work performed before the date of the authorized Service Order or outside the scope of services once a Service Order is signed and authorized shall be at no cost to the City. F. The maximum compensation authorized by a single Service Order and/or the aggregate of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the Master Agreement. END OF ;HXHIBIT City of Cupertino rxntart D -service vruer rruccaa Program & Project Management Services - Bruce E. Biordi Page 1 of 1 EXHIB 1T C COMPENSATION The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit which shall remain in effect for the Master Agreement schedule of performance unless changed by written amendment to the Master Agreement. Each authorized Service Order under this Master Agreement shall identify the method of compensation consistent with the scope of services provided by the Consultant. In any case, the Consultant's total payment for each authorized Service Order shall not exceed the maximum compensation identified in that Service Order, unless authorized by a written amendment executed by the City and the Consultant, and the total compensation for all authorized Service Orders shall not exceed the maximum compensation stated in Article 4, Consultant Compensation, of the Master Agreement. Work exceeding the total authorized amount for a Service Order or the total compensation for the Master Agreement shall be at no cost to the City. Consultant Hourly Rate(s) The Consultant shall be compensated according to the following hourly rate(s) for all work performed under authorized Service Orders: Labor Category I Master Agreement Hourly Rate Project Executive / Project Manager 1 $68.00 Reimbursable Expenses Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically required to perform the scope of services and beyond normal business operating expenses which are included in the direct labor rate. Such expenses include, but are not limited to: • Individual or multiple document reproductions that exceed 50 pages; • Drawing or bid set reproductions; • Software required by City other than Microsoft Word, Excel, PowerPoint, and Project; Adobe Acrobat; and a photo editor program. • Travel expenses to the extent allowed by City policy; • Sub -consultants required by project scope of services; City of Cupertino LXnmtt L.-t-ompensanun Program & Project Management Services - Bruce E. Biordi Page 1 of 2 (k EXHIBIT C COMPENSATION Safety equipment required by City policy or the project scope of services; Mass mailing notifications; Expenses for public meetings, such as refreshments, interpreters, security, valet parking, facility rental, tents or booths, easels, markers, paper, presentation equipment. The City shall compensate the Consultant for such reimbursable expenses only with prior written authorization by the City representative designated in Article 11, Project Coordination, of the Master Agreement. All compensation, including reimbursable expenses, shall not exceed the maximum compensation for the Service Order. The City shall compensate the Consultant for reimbursable expenses for the documented actual cost only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall be separately identified on the Consultant invoice. Method of Payment The Consultant shall submit an invoice to the City by the 5thbusiness day of each month that clearly identifies the work performed in the previous month and authorized reimbursable expenses. All invoices from Consultant shall be addressed to City at: Attention: Katy Jensen City of Cupertino 10300 Torre Ave. Cupertino CA 95014 The invoice shall identify the applicable period of work, a description of the work performed consistent with the Service Order scope of services, the number of hours, hourly rate, reimbursable expenses, Service Order maximum compensation, Service Order compensation to date including invoice number, total invoice amount for current invoice, Service Order maximum compensation balance remaining. All Consultant payments shall be addressed to: Bruce E.Biordi 398 Cloverdale Lane San Jose, CA 95130 END OF EXHIBIT City of Cupertino Exhibit C -Compensation Program & Project Management Services - Bruce E. Biordi Page 2 of 2 a 1 ZtI ,cn �� Ell AC(JRa CERTIFICATE OF LIABILITY INSURANCEDATE(MMIDDIYYYY) INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS �-•' 11/14/2013 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(les) 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: Michael Fiamingo(9660318) PHONE, Ext): 408-445-9700 FAX No) 1155 Meridian Av 212 E44AIL ADDRESS - ��(gillg9(�{al•CneCSs�geCli.Com GENERAL AGGREGATE $ INSURER(S) AFFORDING COVERAGENAIC # San Jose CA 95125-4331 San _ _ wsuRER A : Truck Insurance Exchange { 21709 INSURED INSURERB: Farmers Insurance Exchange 21652 BIORDI, BRUCE E INt3URERC Mid Century Insurance Company 21687 - .. 398 CLOVERDALE LANE _ ... IN iURER D ............. _.................................. .. _ ._.._. _.._.. _.. - ....O.. -Y I _......... ...... - 1605498835 11/14/2013 11/14/2014 BODILY WJURY(Per aaident)i $ IN+3URE.... _......_.._...____.__._.__. ..... _ ....._.. i CAMPBELL CA 95008 _.. INSURER F COVERAGES CERTIFICATE NUMBER: RFV1SION Nt1MRFR- 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 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. LIMITS SHOWN MAY HAVE BF. EN REDUCED BY PAID CLAIMS. _ !NSR - I SUER' POLICY EXP LTR TYPE OF INSURANCE NSR POLICY NUMBER MMtDDY/V1'YY ! MM DDfYYYY LIMITS GENERAL LIABILITY _ EACH $ i jCOMMERCIAL DEAMAGfO Rt_Ni15D I GENERAL LIABILITY I ! PREMISES (Ea occurrence) $ .._...j I CLAIMS -MADE ! OCCUR i I MED FXP (Any one person) _...__... _ ....._.. j ? j PERSONAL & ADV INJURY S_ ......... __. ii i GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPrOP AUG S POLICY PROJECT. LOC $ AUTOMOBILE LIABILITY I i COMBINED SINGLE LIMI I L.(Ea,ac�ident)... $ 500,000 ANY AUTO i BODILY INJURY (Per person) $ ALL OWNED SCHEDULED �./ B ! - ....O.. -Y I _......... ...... - 1605498835 11/14/2013 11/14/2014 BODILY WJURY(Per aaident)i $ AUTOS ,/�; AUTOS NUN -OWNED ':, :, PROPERTY DAMAGE $ HIREDAUTUS .. AUTOS I ; ! I (Per accident) _ _ .... ...... ........ .__. r I i $ i UMBRELLA LIAR,'' ' OCCUR EACH OCCURRENCE $ EXCESS UAB -MADE - , AGGREGATE 5 DED I RETENTION $ WORKERS COMPENSATION 'ANDEMPLOYERS'LIABILITY iWC STATU- TORY LIM tu, (I; YIN ' .':Q ! ANY PROP'RIETORtPAItiNER/EXECUTIVE I j E.L. EACH ACCIDEN I $ OFFICER/MEMBER EXCLUDED? NIA! I ' (Mandatory In NH) DISEASE E-A EMPLOYEE $ .. ._.__._ ,if yes, describe under DESCRIPTION OF OPERATIONS below I E.L. DISEASE - POLICY LIMIT $ _ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) 2005 HONDA CR -V EX; VIN: JHLRD77825CD51721 Certificate holder is also named as an additional insured. City of Cupertino, its Ci -:y Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured with a waiver of any rights to subrogation for any loss under such insurance. .Tc unl ctrl CANCFI 1 ATInN ACORD 25 (2010/05) W Tyoo'LVIU AI.VRU I M-4. ^11 nynaa rvaw'— . The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF CUPERTINO THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 10300 TORRE AVE AUTHORIZED REPRESENTATIVE CUPERTINO CA 95014 _ J ACORD 25 (2010/05) W Tyoo'LVIU AI.VRU I M-4. ^11 nynaa rvaw'— . The ACORD name and logo are registered marks of ACORD POLICY NUMBER. 605498835 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: ` 11112/2013 Named Insured: (J BRUCE E. BIORDI (Authorized Representative SCHEDULE Name of Person(s) or Organization(s): City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers, shall be named as additionai (If no entry appears above, information required to complete this endorsement will be snown in cne Ueciarauv115 as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 11 of 1 11 IAA HISCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) 233 North Michigan Avenue, Suite 1840 Chicago Illinois 60601 Certificate of Commercial General Liability Insurance This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and 1:he Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Named Insured: Insurer Name: Policy Number: Type of Coverage: Policy Effective Date: Limits of Insurance Each Occurrence: BRUCE E. BIORDI Hiscox Insurance Company Inc. UDC -1393781 -CGL -13 Occurrence October 28, 2013 I Policy Expiration Date: October 28, 2014 Damage to Premises Rented to You: Medical Expense: Personal & Advertising Injury: General Aggregate: Products/Completed Operations Aggregate: Is 1,000,000 $ 100,000 Any one premises $ 5,000 Any one person $ 1,000,0 )0 $ 2,000,000 Products -completed operations are subject to the General Aggregate Limit General Aggregate Limit applies per: Policy Description of Endorsements/Special Provisions Not applicable Authorized Representative October 28, 2013 Date CG DS 0101 10 Includes copyrighted material of Insurance Services Office, Inc., with Page 1 its permission. © ISO Properties, Inc., 2000 Aew H I SCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) 233 North Michigan Avenue, Suite 1840 Chicago Illinois 60601 Certificate of Commercial General Liability Insurance This certificate is issued for informational purposes only. It certifies that the policies listed in this document have been issued to the Named Insured. It does not grant any rights to any party nor can it be used, in any way, to modify coverage provided by such policies. Alteration of this certificate does not change the terms, exclusions or conditions of such policies. Coverage is subject to the provisions of the policies, including any exclusions or conditions, regardless of the provisions of any other contract, such as between the certificate holder and tie Named Insured. The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Named Insured: Insurer Name: Policy Number: Type of Coverage: Policy Effective Date: Limits of Insurance Each Occurrence: BRUCE E. BIORDI Hiscox Insurance Company Inc. UDC -1393781 -CGL -13 Occurrence October 28, 2013 Policy Expiration Date: October 28, 2014 Damage to Premises Rented to You: Medical Expense: Personal & Advertising Injury: General Aggregate: Products/Completed Operations Aggregate: General Aggregate Limit applies per: F$1-1000-1000 $ 100,000 Any one premises $ 5,000 Any one person $ 1,000,000 $ 2,000,000 Products completed operations are subject to the General Aggregate Limit Policy Description of Endorsements/Special Provisions Not applicable Additional Insured Status 7 Certificate holder maintains Additional Insured Status if this boxed checked. This certificate does not grant any coverage or rights to the certificate holder. If this certificate indicates that the certificate holder is an additional insured, the policy(ies) must either be endorsed or contain spe-cific language providing the certificate holder with additional insured status. The certificate holder is ar additional insured only to the extent indicated in such policy language or endorsement. Cancellation In the event of cancellation of any policy described above, the insurer will attempt to mail 10 days written notice to the certificate holder prior to the effective date of cancellation. However, failure to do so will not impose any duty or liability upon the insurer, its agents or representatives, nor will it delay cancellation. CG DS 0101 10 Includes copyrighted material of Insurance Services Office, Inc., with Page 2 its permission. 0 ISO Properties, Inc., 2000 AM HISCOX City of Cupertino Certificate Holder '1 Authorized Representative HISCOX INSURANCE COMPANY INC. (A Stock Company) 233 North Michigan Avenue, Suite 1840 Chicago Illinois 60601 October 28, 2013 Date October 28, 2013 Date CG DS 0101 10 Includes copyrighted material of Insurance Services Office, Inc., with Page 3 its permission. © ISO Properties, Inc., 2000 ^A H I SCOX. Policy Number: UDC -1393781 -CGL -13 Named Insured: BRUCE E. BIORDI Endorsement Number: 17 Endorsement Effective: October 28, 2013 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Persons Or Organization(s) City of Cupertino 10300 Torre Ave Cupertino,CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section 11 — Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zations) shown in the Schedule, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omis- sions of those acting on your behalf: A. In the performance of your ongoing operations; or B. In connection with your premises owned by or rented to you. CG 20 26 07 04 © ISO Propeities, Inc., 2004 Page 1 of 1 AM H I SCVX. Policy Number: Named Insured: Endorsement Number: Endorsement Effective UDC -1393781 -CGL -13 BRUCE E. BIORDI 20 November 01, 2013 Hiscox Insurance Company Inc. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. MODIFIED WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: You may waive your rights against another party so long as you do so in writing prior to: (i) an offense arising out of your business that caused a "personal and advertising injury"; or (ii) an 'occurrence" that caused "bodily injury' or "property damage". CGL E5402 CW (03/10) Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1