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15-047 Master agreement for Bruce Biordi for program project management consultant servicesSECOND AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BRUCE E. BIORDI FOR PROGRAM AND PROJECT MANAGEMENT CONSULTANT SERVICES This Second Amendment to the Master Agreement between the City of Cupertino and BRUCE E. BIORDI, for reference dated September 19, 2017, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and BRUCE E. BIORDI (a sole proprietor) whose address is 398 Cloverdale Lane, San Jose , CA 95130; telephone no. (408) 480-4370 (hereinafter "CONSULTANT"), and is made with reference to the following: RECITALS: A. On May 1, 2015, an agreement was entered into b y and between CITY and CONSULTANT (hereinafter "Agreement"), which expired in June 2016. B. On June 20, 2016, the first amendment to the agreement was executed by and between City and Bruce E. Biordi (hereinafter "1 st Amendment). C. CITY and CONSULT ANT desire to modify the Agreement on the terms and conditions set forth herein, and CONSULTANT has submitted updated insurance certificates and endorsements as required b y the Agreement. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: Paragraph 1, TERM, is modified to read as follows: The term of this Agreement shall commence on the date the agreement is executed and -----~s~hall te.rminate_o_n_Decemhe L 31,-2Q18-unless terminateclea.dig_r-a.-S-set for-th-herem~. ------- Paragraph 12, HOLD HARMLESS, is modified to read as follows: To the fullest extent allowed by law , and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend (through legal counsel acceptable to City), and hold harmless the City, its C it y Council , boards and comm issions, officers , officials , employees, agents , servants, volunteers and consultants ("Indemnitees") from and against any and all liabilit y, damages , claims, actions, causes of action, demands, charges, losses , costs and expenses (including without limitation attorney fees and costs of litigation and dispute resolution) of every nature, arising out of or in connect ion with the performance of the Services hereunder by Contractor, its employees , agents and subcontractors , or the failure to perform or comply with any of the obligations contained in the Agreement, in c ludin g but not limited to: (a) Breach of contract, obligations , representations or warranties; (b) Bodily injury or death , damage to property, personal injury or other loss of any nature ; (c) Unauthorized use or disclosure of C it y confidential and proprietary Information; and Second Amendment -Master Agreement for Program & Project Management Services -Bruce E. Biordi Page 1 of 2 (d) Claim of infringement or violation of a U.S . patent or copyright, trade secret, trademark , or service mark or other proprietary or intellectual property rights of any third party. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT BRUCE E. BIORDI "Byk-4 -f?~- ~ \ _) Title ~ V"-ll?::f:=== Date If f Z -:+-( 70 (~--- / I ' 398 Cloverdale Lane San Jose, CA 95130 Phone no. (408) 480-4370 CITY OF CUPERTINO A Municipal Corporation APPROVED AS TO FORM: By 'f<ocJo 'f/erro Asst. City Attorney Randolph Stevenson Hom, City Attorney ATTEST: By {iydlr,.__ SJ}~ 'il: City Clerk, Grace Schmidt / l-lf -/J Account Nos .: BY SERVICE ORDERS Total Contract Amount: $ 120,000 Second Am endm ent -Mas ter Agree m ent for Prog ra m & Proj ect Ma n age ment Services -Bruce E. Bi ordi Pa ge 2 of 2 ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (MM/DD IYYYY) ~ 09/13/20 17 THIS CERTIFICATE IS ISSUED AS A MATIER 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 i n lieu of such endorsement(s). PRODU CER CON TACT NA ME: Hi scox In c. d/b/a/ Hiscox Insura n ce Agency in CA fA~~NJo Extl: (888) 202-3007 I FAX !A/C Nol : 520 Mad iso n Ave nue E-MAIL co nt act@h iscox .com ADDRESS: 32nd Floor INSURER !Sl AFFORD IN G COVERAGE NAI C# New York, NY 10022 INSURER A : Hi scox In surance Company Inc 10200 IN SURED INSURER B : BRUC E E . BI O RD I INSURER C: 398 C LOVERDA LE LAN E INSURER D : INS URER E : CAMPBELL CA 9 5008 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: TH IS IS TO CERTIF Y TH AT THE POLI CI ES OF INS URANC E LI STE D BEL OW HAV E BEE N ISSU ED TO THE INS URED NAM ED ABOV E FOR THE POLI CY PERIOD IND ICATED . NO TWITHS TAN DIN G ANY REQUI REMENT , TE RM OR CON DITI ON OF ANY CONTRAC T OR OTHER DOC UMENT WITH RESPE CT TO WHI CH THI S CERTIFI CATE MAY BE ISSU ED OR MAY PE RTAIN, THE INS URANC E AFF OR DED BY THE POLI CIE S DE SCR IBED HE REI N IS SUBJ ECT TO ALL THE TE RMS , EXCL USIONS AN D CO NDITI ONS OF SUCH POLI CIE S. LI MIT S SHOW N MAY HAV E BEE N REDU CED BY PAID CLAIMS . INSR ADDL SUBR POLI CY EFF POLIC Y EXP LTR TY PE OF INSURANCE l>JS n l w vn POLIC Y NU MBER (MM/DDIYYYY ) (MM/DDIYYYY l LI MITS X COM MER CIAL GENERAL LIABILI TY EACH OCCURRENCE $ 1,000,000 ~ CJ CLAIMS-MADE [X] OCCUR DAMAGtc TO RENTtcD -PREMISES /Ea occurrence\ $ 100,000 MED EXP (Any one pe rson) $ 5 ,000 - A y y UDC-1393781-CG L-17 10/28/20 17 10/28/2018 PERSONAL & ADV INJU RY $ 1,000,000 - GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE s 2,000 ,000 ~ D PRO-D LOC PRODUC TS -COMP/OP AGG $ SIT Gen . Agg . PO LI CY JECT OTHER: $ AUTO MOBILE LIABILI TY COMB INED SINGLE LIMIT $ lEa accident) ~ ANY AUTO BOD IL Y INJURY (Per pe rson) $ ~ AL L OWNED -SCH EDU LED BOD IL Y INJURY (Per accident ) $ I--AUTOS -AUTOS NON -OWNED PROPERTY DAM AG E s HIRED AUTOS AUTOS /Per accide nt\ I--- s UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ ~ EXC ESS LIAB CLAIMS-MAD E AGGREGATE s OED I I RE TENT ION s s WO RKERS COMPENSATION I ~ffruTE I I OTH- AND EMPLO YERS' LIAB ILITY ER YIN ---ANYPR0P RIE-T0R/PARTN ER/EX ECU TIV E-o E.L. EACR ACCIDENT $ OFF ICER/M EMBER EXC LUD ED? NIA (Mand atory in NH) E.L. DISEAS E -EA EMPLOY EE s ~m~~;+ri~ oloPERATIONS be low E.L. DISEASE -POLICY LIM IT $ DES CRIPTIO N OF OPERATI ONS I LOCATIONS /VEH IC LES (ACORD 10 1, Additi onal Remarks Sched ul e, may be att ac hed If mor e space Is required ) City of C up e rtin o , its C ity Coun cil, boa rd s, commissio ns, offi ce rs, e m ployees and volunteers are named as add iti o na l in su reds. Th e po li cy is e ndorsed Wa ive r of Subrogati o n E5402 in favor of City of C upe rtin o , its C ity Coun ci l, boa rds and co mmi ss io ns, o ffi ce rs , e m ployees and volu teers . CERTIFICATE HOLDER CANCELLATION City of C up e rtin o, it s City Co un ci l , boa rd s, co mmi ss io n s, offi cers , e m p loyees a nd vo lunt ee rs SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Ave . THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Cupertino, CA 950 14 ACCORDANCE WITH THE POLIC Y PROVISIONS . AUTHORIZED REPRESENT ATIVE ~J~ I © 1988-2014 ACORD CORPORATION . All r ights r e served . ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD .,,,~ HISCOX Hiscox Insurance Company Inc. Policy Number: UDC-1393781-CGL-17 Named Insured : BRUCE E. BIORDI Endorsement Number : 17 Endorsement Effective : October 28, 2017 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 Person(s) Or Orqanization(s) City of Cupertino , its C ity Council, boards and commissions , officers, employees and volunteers whil 10300 Torre Ave Cupertino.CA 95014 Information required to complete this Schedule , if not shown above, will be shown in the Declarations. Section II -Who Is An Insured is amended to in- clude as an additional insured the person(s) or organi- zation(s) 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 8. In connection with your premises owned by or rented to you . CG 20 26 07 04 © ISO Properties , Inc ., 2004 Page 1 of 1 ~'ft HISCOX Hiscox Insurance Company Inc. Policy Number : UDC-1393781-CGL-17 Named Insured : BRUCE E . BIORDI Endorsement Number : 2 Endorsement Effective : October 28 , 2017 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 arisi ng out of your business that caused a "personal and advert ising injury"; or (ii) an "occurrence " that caused "bodily injury" or "property damage ". CGL E5 402 CW (03 /10 ) Includes co py ri ghted mater ial of In su rance Serv ices Offi ce , In c., with it s pe rmi ss ion. Page 1 of 1 CE RTIFICATE OF LIABILITY INSU RANCE GAH.;l MM ~):.)."'f~'-'Yi 11.~5-.W :, '!i,;j; CE,(-;';r,;<.Jl''r~; 1S 1s:-u1:o ilS I, MA1'Tf~<.:H IN' O/'H,t,'\H(1N ONJ.'i ANDCONf-f.l'/SNO R1Gl l T5l!PONlliE((P.lir-!CA!t !!QU)Ul nu~; .::r.HllflC,\l'"( {)()E'i t\OTM·F!R!,.41~~~,,e:l '!Qr-"l(J.,:avf~." t.MfM ), t-XTf?N(.l Of.' J\LCF.~ !'j.;f_ ~QVf~.f&L ,)rro~utnn~ "i Hi: ,,o;,.;t:i:::s 61:l.O'.\·. "!l!ISet-:RTll"!C,":..f( 0( INS;J~ltNct DO(~NOT C:)1-iST!TUTE ,,(.Ot~lR.1(.T ~[rWl[!-iTilf. ;~l'.itllM'..: IN'I.U:.r.,1 •\" ·.\' fH C-P.i ![iJ RU R(·.S f !s!TP 1',;"f. 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(MMJ(.H)/Y)')'Y} .,. _,··o-,:., .. .' .'·v:~·.,:'/ • -:•:Di'·,.,_· , :-:=v 1 H'l -l/i:016 i-','.':-, (:(( ·. :{~'~·-': . S.HOU t D AN'( or-Ttlf ASOVf. m:sCRl!lf.() POUCle: B!:-C:\NCf.lttD !!,(f"OR( riif. fAPf::1t,11C', (')AH TliU<!:Of·. N01'1Cl"Wllt,Hf: DfUVCR(O !N A("(OROA.N('f Wffil 'fH( ;,;;~t,(.'( !>R"'!V'f~!Of~:'.< .;ll Tt-!l'.lfilZU) REPRESENTA~ iVE "'J,7 ' . > ' /,} ., ,.,d ,t--ui,-'>.: . ..p ..... :,., .... :. . ....................... ] .... . ; !988--2015 ACORD CORPORATiON . AH Ri(Jl'h f{~r.Nv~d Trw: ACORD tM!lHl and iogo are rc!ys.tereti rnr\rks of ACORD MAIL TO THE INSURED MAIL TO MORTGAGEE/ADDITIONAL INTEREST This section is for policy: Assembled-on Date: Assembled-on Time: Full Policy Number: Transaction Number: Operator id: TRANSACTION: ENDORSEMENT CM057Rl9 05 INSURED 60549-88-35 11/14/17 02:04:04 6054988350017 004 AJG04 IANNERI BANNER I ~ - FARMERS INSURANCE MICHAEL FIAMINGO 1155 MERIDIAN AV 212 SAN JOSE CA 95125 BIORDI, BRUCE E BRUCE E. BIORDI 398 CLOVERDALE LANE CAMPBELL CA 95008 0, 0, "' MICHAEL FIAMINGO 1155 MERIDIAN AV 212 SAN JOSE CA 95125 ~ - FARMERS INSURANCE BIORDI, BRUCE E BRUCE E , BIORDI 3 9 8 CLOVERDALE LANE CAMPBELL CA 95008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Poli cy N um ber: 6 05 49-88 -3 5 POLICY CHANGES Effective D ate of Change: 11 / 14 / 17 C hange E ndorsemen t No.: 004 Named Insur ed: BIO RD I, BRUCE E BRUCE E . BIORDI 398 CLOVERDALE LA NE C AM PBELL CA 9 50 08 T he fo ll ow in g ite m(s): In su red's Name Poli cy N umber Effecti ve / Expir ati on Date Pay m en t Plan X Add itio n al Interested Parties Limi ts / Ex pos ur es C ove red Pro perty / Locati on D escripti on Ra tes is (are) chan ged to read {See Additional Page(s)}: Ex piration Date: 11/1 4 /1 8 Age nt: 96-60 -3 18 Ins ur ed 's Mail ing Address C ompan y Insured's Leg al Status/ Busin ess of Insured Premium D etermin atio n Coverage Fo rm s an d En dorse m en ts D eductibl es Classifi cation / Class Codes U nderl yin g Insurance The a bove amendments res ul t in a change in the premium as fo ll ows: X No Changes To Be Adjusted At Audit Additional Premium Return Premium $ $ Au thori ze d Represe n tative Sign ature: E4277 I st Edition ~ FARMERS INSURANCE 91 -4277 llTEDITIDN 7./J2 E4277.[01 Includes C'Vflighted 11.oteriol, Insurance Services Off ice, Int, wit h its perrmoon. E42771 01 PAGE 1 OF 2 Policy Changes Endorsement Description CHANGE ADDITIONAL INTEREST AND E3153 (WAIVER OF SUB) ADDITIONAL INSURED -CA20480299 CITY OF CUPERTINO 10300 TORRE A VE CUPERTINO, CA 95014 2017 SUBARU FORESTER 2 VIN: JF2SJAEC2HG536984 Removal Permit If Covered Property is removed to a new location that is described on this Policy Change, you may extend this insurance to include that Covered Property at each loca tion during th e removal. Coverage at each locat ion will apply in the proportion that the value at each location bears to the value of all Covered Property being removed . This permit applies up to 10 days after the effective date of this Policy Change: after that, this insurance does not app ly at the previous location. 914277 ISTEOITION 7--02 E4277~DI Includes Copyrigh led Mole ri al, Insurance Services Office, In c, wilh ils pernission. E4277102 PAGE 2 OF 2 ~ FARMERS INSURANCE ITEM ONE Named BIORDI , BRUCE E Insured BRUCE E. BIORDI Mailing 398 CLOVERDALE LANE Address CAMPBELL, CA 95008 Polley Number 60549-88-35 From Farmers Insurance Exchange (A Reciprocal Insurer) A Part OfThe Farmers Insurance Group Of Companies ® Home Office: 6301 Owensmouth Ave., Woodland Hills, CA 91367 POLICY DECLARATIONS BUSINESS AUTO v01 .00 Polley Period To 11-14-2017 11-14-2018 12 :0 1 A .M . Standard time at your mailing address shown above . In return for the payment of premium and subject to all the terms of this policy, we agree with you to provide insurance as stated in this policy. We provide insurance only for those Coverages described and for which a specific limit of insurance is shown . Your Agent Michael Fiamingo 1155 Meridian Av 212 San Jose, CA 95125 (408) 445-9700 Email : mfiamingo@farmersagent.com License #: Ob40159 56-6190 1STED ITION 06-16 566190-EDl C6190101 Page 1 of 6 Policy Number: 60549-88-35 Effective Date: 11-14-2017 ITEM TWO -SCHEDULE OF COVERAGES AND COVERED AUTOS *This policy provides only those coverages where a charge Is shown In the premium column below. Each of these coverages will apply only to those "autos" shown as covered "autos". "Autos" are shown as covered "autos" for a particular coverage by the entry of one or more of the symbols from the COVERED AUTO Section of the Business Auto Coverage Form next to the name of the coverage. *Covered Auto . ·. Coverage Designation Umit Of Insurance Premium Symbols Liability 7 $500,000 $1,172 Uninsured Motorist 7 See ITEM THREE $142 Underinsured Motorist 7 See ITEM THREE Included Comprehensive 7 Actual Cash Value or Cost of Repair, whichever is $110 less, minus applicable deductible for each covered auto. But no deductible applies t o loss caused by Fire or Lightning. See ITEM FOUR for hired or borrowed "Autos". Collision 7 Actual Cash Value or Cost of Repair, whichever is $493 less, minus applicable deductible for each covered auto. See ITEM FOUR for hired or borrowed "Autos". **Premium for Other Coverages and Endorsements Total Premium $1,917 **For details of "Other Coverages", see ITEM FOUR, ITEM FIVE, and POLICY FORMS AND ENDORSEMENTS . 56-6190 1STEDITION 06-16 566190-El B C6190102 Page 2 of 6 Polley Number: 60549-88-35 ITEM THREE-SCHEDULE OF COVERED AUTOS YOU OWN (DETAIL) Liability Uninsured Motorist Underinsured Moto rist Comprehensive Collision 56-6 190 1STED ITION 06-16 566190-ElD $5 00,000 $5 00,000 Included $500 Deductible $500 Deductible Vehicle Total Premium Vehicle Total Premium Effective Date: 11-14-201 7 $1,172 $142 Included $110 $493 $1,917 C6190104 Page 3 of 6 Policy Number: 60549-88-35 Effective Date: 11-14-2017 ITEM FOUR-HIRED OR BORROWED COVERED AUTO Cost of hire means the total amount you incur for the hire of "autos" you don't own (not including "autos" you borrow or rent from your employees or their family members). Cost of hire does not include charges for services performed by motor carriers of property or passengers. ············ ..... .... ... .. ... . .... •·••······• r•••••>•<•••·• >••••P:rJritforit ········· I Subtotal · ···••••·•··········•••••• t• Y.P@skaioamag~<::qv.erage <•······· ............................................................ Subtotal ITEM FIVE-NON-OWNERSHIP LIABILITY Non-Ownership Liability covers bodily injury or property damage arising out of the maintenance or use of a non-owned automobile in the business by any person other than the insured. •Namedlttsu~edisBusine#•··· >•·•» ............ Y• nu•···R~i@J~1J1t 2••· ........................ ·····••••rfomber ................ PtfmiUm •······· Other than a Number of Employees Social Service Agency Number of Partners Social Service Agency 56-6190 1 ST EDITION 06-16 566190-E lE Number of Employees Number of Volunteers Subtotal C6190105 Page 4 of 6 Polley Number: 60549-88-35 POLICY FORMS AND ENDORSEMENTS ·•·•·••• NUmber •·•>•·· 25-2984ED2 25-9200 25-9230ED2 CA00010310 CA00381202 CA01430517 CA04250507 CA20480299 CA21540909 CA23840106 CA23940306 E0207-ED1 E2015-ED2 E3027-ED1 E3153-ED1 E4277-ED1 IL00030498 IL00171198 IL00210498 IL02700811 J6738-ED1 J7118-ED1 J7119-ED2 J715 3-ED1 LOSS PAYEES Ins Dept Address-Customer Letter Farmers Privacy Notice Reminder-Review Your Coverages Business Auto Policy War Exclusion California Changes Calif Individual Named Insured Addi lnsd-Designated Insured California Uninsrd Mtr-Bodily In Ex clusion OfTerrorism Silica Or Silica-Related Dust Ex Punitive Or Ex emplary Damages Ex Family Exclusion Form No Covg-Cert Computer Rel Losses Waiver Of Subrogation Policy Changes Calculation Of Premium Common Policy Conditions Nuclear Energy Liab Exel California Changes-Cane & Nonren Two Or More Coverage Forms Auto Rideshare Exclusion Ded For Unlisted Employee Driver Additional Benefits And Services Countersigned (Date) 56 -61 90 1STEDITIO N 06-16 566 190-ElF By Authorized Representative Effective Date: 11 -14-2017 C6190 106 Page 5 of 6 Policy Number: 60549-88-35 Effective Date: 11-14-201 7 DRIVERS THAT ARE LISTED UNDER THIS POLICY First Name Last Name License Driver License# . state ·. . . , .. .-.> ·. ,, . . Bruce E Biordi CA XXXXXX6025 Excluded drivers will be listed In the Excluded Driver Endorsement or Restriction Endorsement, if attached . 56-6190 1STED1TION 06-16 566 190-ElH C6190108 Page 6 of 6 POLICY NUMBER . 60549-86 ··35 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ lT CAREFULLY. DESIGNATED INSURED "This end<")rsement mod ifies insurance prov ided under the fo!lowinrr BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provk;i om; of the Coverage Form apply un less modified by th,s cnc:orsement. T~is endorsement identifies person(s) or organization(s) wh o are ··rns ureds" under the Who Is An Insured Prov ,sion of the Coverage Form This e ndorsement does not alter coverage provided ,n the Coveragn Fo rm T'1is encorsemenl changes tl1e po!icy effective on the ,ncept icn date of the policy unless another date is ird,cated belrnN. Endcrs.ement Effect !ve : ll/Hf17 Named insure,L Bt0RD1, BRUCE E Name of Person(sl or Organization(s): C!TY OF CUPE~Tl:NO Countersigned By r~~ 7tt/.H<,{,:,d .,{) v\uthorized Representative\ SCHEDULE rJ ro entry appe11rs abo•,;e, informaton requir ed lo complete this er.clorserrwn l \Vlii be shown in th e Decla rat ions as appiic;,3b\e to the endorsernent.J Eact; ,,'fYson or organization sMwn in the Schedule is an "insurecr-lor Liat;irt y Coverage. but oniy to the extent n,at person or orgarnzat1on qualifies as an qinsured" uncler the \/Vr:o Is t,n Insured Provis ion containe<1 in Section ll cf Irie Coverage r-onn CA 20 48 02 99 Copynght. Insurance Services Office. Inc. i 993 Page 1 of 1 TIIIS EN!lORSEMHIT (ffANGES TH E POll(Y. PlfAS[ mo IT <.AR£fULl Y. CHAN GES IN TRANSFER Of RIGH TS Of RE(OVERY AGAINST OTHER S TO US (WA IVER OF SUBROGATION! t>l sr,L::s\ \LTOCOVFRAc;r: i{lH.M (,AIV\CEC(NLRACF FOR~1 TRl.CKLRS COVLR.\C ! . FORM E315J 1$1 E<lifion \\:ith 1,;-,p<-'n re \·0vs.:rnlf._r pnYvid{·d by d1!s ('nd1.)f"S<.'U H:nt, 1bc _provision~ <1 /· dw (:ov<t~4~t· Fenn ;1ppl, :111!{-:>'> rnndi1li-d by 1..hc t:H<iors,~meoL rhi~ 1·ndor~t~m<'!H drm//'~ d·w policy d[·c1.l\,e on ihc inu:pti~Hl ~la{1' .:)f !Iii."'" po!i,.-y 1rnh-ss :uh.,d1n ,l.u1:-!_.:. in,Ec,~ini l·,·[nw. . 11/14/1 ? '<»md Liswcd : BlOR.Dl ~ BRCCX: i llfl_UCR E . .~JQ!',P:l: .. '\Jame OFP~rson{,) Or Organizacion(s•: C!TY O? C:lJP.E:F.'l'lNO (\~untnsipwd By: fU. '?fLtt .,ii •<-··:{ ·:f' SCHEDULE t\dd i1 io 11al Premi um $ J h: Tran.,;J·cr ()i Ritdtts \ )i Rn:·o,,t,·iy· Ag;1ins1 ()d1{~r~ To L-s Co11ditjnt1 do,-:,., nul ,1ppiy !\) ilH: pcl'~uat,j o: f}rt:1mi1,:1J.i.on {:,;} :-.hovrn in dw Sc-hnh:de. \X.;r wj !l n~win the addi1i.<.mal pn:milrni :-:lto"-vn ;1 bt1"...'{', r(:g:•rd!t~-" ~.A ,ill)" ca rh-'t::Tnin.1-i,:in of [bi,, en,!()r;t.,t.'.iBl..'"J:H O! d H" p.-i!i{:y. T:1;• M"tlo"·q·mc·~t i~ ')')~·l zi l v·,l'r •-,nli"r Ir ~upitrsc,.k~ and ,::oru.n•lf. ;,ny·d1inr. 10 1hc co1:tr;!fy. h i~ otlwrwisl" s;i;l;j~:·,~11 :H~ ~'t;; fh{··;{'i'f~l~: ~1; !11:, pt~ii 1 cy~-.. ·,. City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT M A #: 2015-444 (Amended 6/30/2016) Service Order I+: 10 -------- Maximum Compensation: $120,000.00 ---------------------- Term: NTP: Approval by: Consultant: May 1, 2015 City Manager D Director [j] City Council D Item fl: ____ _ Firm Name: Bruce E. B iordi Street: 398 Cloverdale Lane City, State, Zip: San Jose , CA 95008 Contact Name: Bruce Biordi PROJECT DESCRIPTION End Date: December 31 , 2017 Date: 6/30/2016 Date : Phone: (408) 480-4370 Project Name: Sports Center -Exterior Upgrades (Monument Sign) (cip2017-19 .2) I {e)JDescription: (si mple project description !f appropriate) Perform up to 45 hours of project management services from project inception thru closeout. [J] Attachment A : Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: City of Cupertino Master Agreement Public Works Project Manager: Ka ty Jensen ------------- Page 1 of 2 Service Order No. 1 0 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered o n MA S.O. # 1 -Ac ct# 420-90-904-900-905 -SP CT 003-02-03 -SPCT Court lmpro vments S.O. # 2 -Ac ct# 100-82 -806-70700-4-PW Policy & Proced ures Manual S.0. # 3 -Acct# 42 0-90-944 -900-905-S RCT 002-02 -0 3-SRCT Mary Ave Landscape S.O. # 4 -Acct# 270-90-961-900-905-ST 003-02-03 Median Landscape S.O. ti 5 -Acct# 100-82-806-70700-4 CSC Court Resurfacing S.O. !I 6 -A cct# 100-82-806-700-704-PW Project Management Checklists & Manual S.O. ti 7 -420-99 -015 Tenni s Court Resurfacing -Various Parks (Memoria l Park 2016/17) S.O. ti 8 -420-99-017-900-905-SP CT 002-02-03 Sport Cen te r Exterior Upgrades S.O. !I 9 -420 -99-003 -900-905 -MRP 004-02-03 McC lell an Ranch Construct Trash Enclosure s.o . # _________________________ _ Amow1.t $120 ,000 .00 $1,768.00 $ 3,332.00 $2,040.00 $4,080.00 $4,896.00 $35,000.00 $4,200.00 $2,800.00 $2,870.00 Total Previously Encumbered to Date: $ 60,986.00 Current Unencumbered ammmt in MA: $ 59,014 .00 Encumbrance: _;;:-CJ\ OJ --qo5' S.O. # 10 -420-99 -017 Sports Center -Exterior Upgrades (Monument Sign) $ 3,150.00 Total Encumbered to Date including this S.O .: $64,136.00 Master Agreement Balance: $ 55 ,8 64 .00 Contract Manager: APPR O VAL S v; Katy Jensen 7J Da te: 7/25/2017 Date : Da te: Appropriation Certification: l hereby certify tlrnt an unexpended appropriation is available in the above fund for the above contract as e stimated and that fw1ds are available as of this date of signature. City Finance: City of Cupertino M~ster Agreement M<lnngement Anal yst Date : Page 2 of 2 Service Order No. 10 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT PO#: 2015-444 Service Order No.: 5-Al Maximum Compensation: $ 4,896.00 Term: NTP: November 5, 2015 Account No.: 110-82-806-700-704 Approval by: Consultant: END DATE: Decembr 15, 2016 City Manager D City Council D Bruce E. Biordi Director ~ Item Number: 398 Cloverdale Lane, Campbell, CA 95008 Date: Date: Contact: Bruce E. Biordi Phone: 408-480-4370 Project Description: Project Name: CSC Court Resurfacing -13 courts ~Description: Service B-3 -provide up to 72 hours of project management services for the design and construction of the CSC Court Resurfacing -13 courts-Al for SO end date extension 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Service Order No. SA-1 Master Agreement -Bruce E. Biordi Page 1 of 2 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER Fiscal/Budget Master Agreement Maximum Compensation: Previously Encumbered on MA: S.0. # 1 -Acct. # 420-90-904-900-905-SPCT 003-02-03 -SPCT Court Improv. S.0. #2 -Acct.# 100-82-806-700-704-PW Policy & Proceedures Manual S.0. #3 -Acct. # 420-90-944-900-905-SRCT 002-02-03 -SRCT Mary Ave. Project S.O. #4 -Acct.# 270-90-961-900-905-ST 003-02-03 -Median Project Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBERANCE: S.O. #5 -Acct.# 100-82-806-700-704 -CSC Court Resurfacing Total Encumbered to Date including this S.O.: Master Agreement Balance: Contract Manager: Date: APPROVALS _j_ ConsultantE • :,::~--....,.. Director of Public Works: j:{.'t/2""-"'==-- I Date: fo,/1 0/0 11e Date: lo(«" { 2 pl if Appropriation Certification: I hereby certify that an tmexpended 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: Date: Amount $80,000 $1,768 $3,332 $2,040 $4,080 $11,220 $68,780 $4,896 $16,116 $63,884 City of Cupertino Service Order No . SA-1 Master Agreement -Bruce E. Biordi Page 2 of 2 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES MASTER AGREEMENT p 0 #: 2015-444 Maximum Compensation:$ 120,000 Term: NTP: 6/30/2016 SERVICE ORDER Service Order No.: .Q End Date: 12/31/2017 Approval by: City Manager D Director 0 Date: 6/30/2016 City Council D Item Number: Date: Consultant: Bruce E. Biordi 398 Cloverdale Lane Campbell, CA 95008 Contact Name: Bruce E. Biordi Phone: ( 408) 480-4370 PROJECT DESCRIPTION Project Name: Public Works Project Management Procedures Checklists & Manual 0Description: (simp le project description if appropriate) Service B-3 -provide up to 500 hours of project manager services to develop procedures checklists and manual for public works project managers. -Prepare process checklists by project implementation phases; at least one checklist for each major phase. Consult with City project managers on current steps of each phase, evaluate sequence for thoroughness and efficiency and refine sequence of steps for final checklist. -Assemble the checklists into a manual and submit to the City by June 30, 2017. 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation CITY PROJECT MANAGEMENT Managing Department: Public Works ~~~~~~~~~~~ City of Cupertino Master Agreement -2015-444 Project Manager: Katy Jensen ~--=----~~~~~~~~~~ Page 1 of2 Service Order No. 6 City of Cupertino MASTER AGREEMENT FOR CONSULTANT SERVICES SERVICE ORDER BUDGET I FISCAL Master Agreement Maximum Compensation: Previously Encumbered on M.A.: S.O. # 1 -Acct.# 420-90-904-900-905-SPCT 003-02-03 -SPCT Court Improv. S.O. #2 -Acct.# 100-82-806-700-704 -PW Policy & Proceedures Manual S.O. #3 -Acct.# 420-90-944-900-905-SRCT 002-02-03 -SRCT Mary A v e. Project S.O. #4 -Acct.# 270-90-961-900-905-ST 003-02-03 -Median Project S.O. #5 -Acct.# 100-82-806-700-704 -CSC Court Resurfacing Total Previously Encumbered to Date: Current Unencumbered M.A. Amount: Encumbrance: S.O. #6 -Acct.# 100-82-806-700-704 -PW Project Mngmt Checklists & Manual Contract Manager: APPROVALS Consultant: Public Works Director: John Raaymakers Total Encumbered to Date including this S.O.: Unencumbered M .A. Balance: Date: 7/6/2016 Date: I I Date: 7 /1 '-f //Co 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 a s of this date of signature. City Finance ~u.'.j 1J ~ Date ff ( d {I ~ anag{;mentAnalist Amount $120,000 1,768.00 3,332.00 2,040 .00 4,080.00 4,896.00 16,116.00 103,884.00 35,000.00 51 ,116.00 68,884.00 City of Cuper tino M as ter Ag reement -2015-444 Pa ge 2 of 2 Service Order No. 6 FIRST AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BRUCE E. BIORDI FOR PROGRAM AND PROJECT MANAGEMENT CONSULTANT SERVICES This First Amendment to the Master Agreement between the City of Cupertino and BRUCE E. BIORDI, for reference dated June 20, 2016, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and BRUCE E. BIORDI (a sole proprietor) whose address is 398 Cloverdale Lane, San Jose, CA 95130; telephone no. (408) 480- 4370 (hereinafter "CONSULTANT"), and is made with reference to the following: RECITALS: A. On May 1, 2015, an agreement was entered into by and between CITY and CONSULTANT (hereinafter "Agreement"). B. CITY and CONSULTANT desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 1, TERM, is modified to read as follows: The term of this Agreement shall commence on the date the agreement is executed and shall terminate on December 31, 2017 unless terminated earlier as set forth herein. 2. Paragraph 4, CONSULTANT COMPENSATION, is modified to read as follows: The maximum compensation to be paid to Consultant under this agreement shall not exceed One Hundred Twenty Thousand Dollars ($120,000). The rate of payment is set out in Exhibit C, titled "Compensation", which is attached hereto 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 phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete and amount due. 3. The following Exhibits to the Agreement are amended and replaced to read as First Amendment to Master Agreement for Program and Project Management Services -Bruce E. Biordi Page 1 of 2 shown in the attachments to this Amendment: Exhibit A-Scope of Services (Revised) Exhibit C-Compensation (Revised) Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT Title ~-e__ Date &&(z:tj 7-0I ~ 398 Cloverdale Lane San Jose, CA 95130 Phone no. (408) 480-4370 CITY OF CUPERTINO A Municipal Corporation By ~~ -Director of Public Works, Timm Borden APPROVED AS TO FORM: ~y ~ U ~olph Stevenson Hom, City Attorney ATTEST: By 6Jd-e s::4JJ: City Clerk, Grace Schmidt (p " 3o Jb Account Nos.: BY SERVICE ORDERS Total Contract Amount: $ 120,000 (Amendment No.1Amount:$40,000) First Amendment to Master Agreement for Program and Project Management Services -Bruce E. Biordi Page 2 of 2 EXHIBIT A SCOPE OF SERVICES (Revised) The CONSULTANT shall provide certain Program and Project Management services as required and requested by the CITY. The CONSUL TANT 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 Section 11, PROJECT COORDINATION and (2) as defined in a fully executed SERVICE ORDER, Exhibit B. SECTION 1-GENERAL PROVISIONS A. The CONSULT ANT 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 CITY' 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 Program & Project Management Services -Bruce E. Biordi (standard form consultant master agreement-exh A Octob er 2013) Exhibit A-Scope of Services (Revised) Page 1of3 A. Project Administration EXHIBIT A SCOPE OF SERVICES (Revised) 1) Project Record: Collect, organize, and maintain project record documents during the course of the project. Organize final project record documents in accordance with City Record Retention Policy and Public Works file structure. Turn over final project record files to City upon completion of the project. 2) Project controls: Prepare plan to administer project and update plan during the course of the project to reflect ach1al conditions and actions. Plans to include expenditure and schedule plans. 3) Project Status Updates: Provide routine project status reports to City contact. B. 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 C. 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 established 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. City of Cupertino Program & Project Management Services -Bruce E. Biordi (sta nd a rd form consultant master agreement-exh A October 2013) Exhibit A-Scope of Services (Revised) Page 2 of 3 D. Bid Phase: EXHIBIT A SCOPE OF SERVICES (Revised) 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 E. Construction Phase: 1) Coordinate information between Design Consultant and Construction Manager F. Program Management Services: 1) Develop standardized project management procedure documents and tools. END OF EXHIBIT City of Cupertino Program & Project Management Services -Bruce E. Biordi (s tanda rd fo rm consul tant master agreement-exh A October 20J3) Exhibit A-Scope of Services (Revised) Page 3 of 3 EXHIBIT C COMPENSATION (Revised) 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 Master Agreement Hourly Rate Project Executive I Project Manager $70.00 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; City of Cupertino Program & Project Management Services -Bruce E. Biordi (standard form consultant master agreement-E xh C October 2013 ) Exhibit C-Compensation (Revised) Page 1of2 EXHIBIT C COMPENSATION (Revised) • Sub-consultants required by project scope of s~rvices; • 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 rentat 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 51h business 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 City of Cupertino END OF EXHIBIT Pro gram & Project Mana gement Services -Bruce E. Biordi (::;tJndard form con:;ultant mas ter agreement-Exh C October 2013) Exhibit C-Compensation (Revised) Page 2 of 2 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER MASTER AGREEMENT PO#: 2015-444 Service Order No.: GMv 5 Maximum Compensation: $ 4,896.00 Account No.: 1110-82-806-700-704 Term: NTP: November 5, 2015 END DATE: June 30, 2016 Approval by: Consultant: City Manager D City Council 0 Bruce E. Biordi Director ~ Item Number: 398 Cloverdale Lane, Campbell, CA 95008 Date: Date: Contact: Bruce E. Biordi Phone: 408-480-4370 Project Description: Project Name: CSC Court Resurfacing -13 courts (R]Description: Service B-3 -provide up to 72 hours of project management services for the design and construction of the CSC Court Resurfacing -13 courts 0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Katy Jensen City of Cupertino Service Order No. 5 1'1C~~~~,. Arrro<>rnPnt-Rr11ce E. Biordi Page 1of2 Fiscal/Budget CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER Master Agreement Maximum Compensation: Previously Enq.JJilQer~<:l qn MA: S.O. # 1-Acct.# 420-90-904-900-905-SPCT 003-02-03 -SPCT Court Improv. S.0. #2 -Acct. # 100-82-806-700-704 -PW Policy & Proceedures Manual S.O. #3-Acct. # 420-90-944-900-905-SRCT 002-02-03 -SRCT Mary Ave. Project S.0. #4-Acct. # 270-90-961-900-905-ST 003-02-03-Median Project Total Previously Encumbered to Date: Current Unencumbered amount in MA: ENCUMBERANCE: ------------- S.O. #5-Acct. # 100-82-806-700-704-CSC Court Resurfacing Total Encumbered to Date including this S.O.: - Master Agreement Balance: Contract Manager: Date: APPROVALS I r 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: Date: Amount $80,000 $1,768 $3,332 $2,040 $4,080 $11,220 $68,780 $4,896W $16,116 $63,884 City of Cupertino Service Order No. 5 Master Agreement -Bruce E. Biordi Page 2 of 2 P.O. #: 2015-444 SERVICE ORDER #: 01 Maximum Compensation: $1,768.00 zo I 4"D Term: NTP:May 5,2015 END DATE:January ,2 6 Approval by: City Manager Director Date: City Council Item Numbe . Date: V'_Consultant: Firm Name:Brine E.E.B iordi_ Address: 398 Cloverdale Lane C —bbel1, CA 95008 Contact:Bruce E. Biordi Phone: (408) 480-4370 PROJECT DESCRIPTION Project Name: Sports Center-West Court Renovations and Improvements Description: Provide up to 26 hours project management for design,bid, and construction. 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: 0- Current unencumbered amount in Master Agreement: 80,000. ENCUMBER: 420-90-904-900-90-511SPCT 003-02-03 C1, 8. 4 ~ Total to date: 1,768. Master Agreement Balance: 78,232. Analyst: Date: 5—J I5' City of Cupertino Service Order 701 Program and Project Management Services Master Agreement–Bruce E.Biordi Page 1 of 2 standard form consultant master agreement-S 0 October 2013) APPROVALS Consultant: Date: &510512511!:1 Director of Pub ic 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: Date: 6 Agreement P.O.No.: 2015-444 Service Order Encumbrance Amount: $1,768.00 Service Order Account for Encumbrance:420-90-904-900-905-SPOT 003-02-03 City of Cupertino Service Order#01 Program and Project Management Services Master Agreement—Bruce E.Biordi Page 2 of 2 standard form consultant master a-,r eement-S 0 October 2013) PO #: 2015-444 SERVICE ORDER#: 02 Maximum Compensation: $3,332.00 Term: NTP: May 5,2015 END DATE:January 15,2016 Approval by: City Manager Director Date: 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: Public Works Policy and Procedures Development Description: Service B-3—provide up to 49 hours of project management services for development and implementation of a Public Works Policy and Procedures Manual. 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: Encumbered: 420-90-904-900-905-SPOT 003-02-03-SPCT Court Improv. S0#1 $ 1,768. Total Encumbered to date: 1,768 Current unencumbered amount in Master Agreement: 78,232• ENCUMBER: 100-82-806PW Policy&Procedures Manual SO#2 3,332. 70D-7Oq Total Encumbered to date including this SO: $ 5,100. Master Agreement Balance: 74,900. Analyst: J;*Date: 5 70157- J5'- Service Order#02 City of Cupertino Page 1 of 2ProgramandProjectManagementServicesMasterAgreement—Bruce E.Biordi standard form consultant master agreement-S 0 October 2013) APPROVALS Consultant:Date: O> 1z) 1. wa- Director of Pub Lic 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: Date: Agreement P.O.No.: 2015-444 Service Order Encumbrance Amount: $3,332. Service Order Account for Encumbrance: 100-82-806 700- 7D a{' City of Cupertino Service Order#02 Program and Project Management Services Master Agreement—Bruce E.Biordi Page 2 of 2 standard form consultant master agreement-S 0 October 2013) PO #: 2015-444 SERVICE ORDER#: 03 Maximum Compensation: $2,040. Term: NTP:May 5,2015 END DATE: February 28,2016 Approval by: City Manager Director Date: 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: Senior Center-Mary Avenue Landscaping Description: Service B-3—provide up to 30 hours of project management services for the design and construction of the Mary Avenue Landscaping project. 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: 5,100 Current unencumbered amount in Master Agreement: 74,900. ENCUMBER: 420-90-904-900-905-SPCT 003-02-03,1,768. ENCUMBER: 110-82-806 700- 70`{ 3,332. ENCUMBER: 420-90-944-900-905-SRCT 002-02-03 2,040. Total to date: 7,140. Master Agreement Balance: 72,860. Analyst: Date: 5 zw' Service Order 203 City of Cupertino Master Agreement—Bruce E.Biordi Page 1 of 2 Program and Project Management Services g standard form consultant master agreement-S 0 October 2013)r APPROVALS Consultant• r 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: Date: Agreement P.O. No.: 2015-444 Service Order Encumbrance Amount:$2,040. Service Order Account for Encumbrance: 420-90-944-900-905-SRCT 002-02-03 City of Cupertino Service Order 903 Program and Project Management Services Master Agreement—Bruce E.Biordi Page 2 of 2 standard form consultant master agreement-S 0 October 2013) PO #: 2015-444 SERVICE ORDER#: 04 Maximum Compensation: $4,080. Term: NTP:May 5,2015 END DATE:June 30,2016 Approval by: City Manager Director Date: 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: Median Irrigation and Planting Description: Service B-3—provide up to 60 hours of project management services for the Master Planning phase of the Mary Avenue Landscaping project. 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 FISCALBUDGET Master Agreement Maximum Compensation: Amount: $80.000 Previously Encumbered on MA: 7,140 Current unencumbered amount in Master Agreement: 72,860. ENCUMBER: 420-90-904-900-905-SPCT 003-02-03,1,768• ENCUMBER: 110-82-806 -700 701-k 3,332. ENCUMBER: 420-90-944-900-905-SRCT 002-02-03 2,040. ENCUMBER: 270-90-961-900-905-ST 003-02-03 4,080. Total to date: 11,220. Master Agreement Balance: 68,780. Analyst:Date: 21' Z-O/S7 Service Order fr04 City of Cupertino Page 1 of 2 Program and Project Management Services Master Agreement—Bruce E.Biordi g standard form consultant master agreement-S 0 October 2013) APPROVALS Consultant:Date: Director of Pu lic Works: 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: Date: 2 S- Agreement P.O.No.:2015-444 Service Order Encumbrance Amount: $4,080 Service Order Account for Encumbrance: 270-90-961-900-905-S'T 003-02-03 City of Cupertino Service Order#04 Program and Project Management Services Master Agreement—Bruce E.Biordi Page 2 of 2 standard form consultant master agreement-S 0 October 2013) q,oI MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND BRUCE E. BIORDI FOR PROGRAM AND PROJECT MANAGEMENT CONSULTANT SERVICES THIS MASTER AGREEMENT,for reference dated May 1,2015,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: 1.TERM: The term of this Agreement shall commence on the date this agreement and shall terminate on June 30,2016 unless terminated earlier as set forth herein. 2.SCOPE OF SERVICES Consultant shall provide services under this 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. m 5.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 hereto 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 6.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 services hereunder in a manner commensurate with the practice of a professional that specializes in performing professional services of a like City of Cupertino Consultant Master Agreement 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 not limited to,unemployment_insurance, workers' compensation plans,vacation and sick leave are available from City to Consultant,its employees or agents. Deductions shall not be made for any state or federal taxes,FICA payments,PERS payments,or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items,if required, are the responsibility of Consultant. 9.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 execution 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 E.Biordi. 12. HOLD HARMLESS: Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement,indemnify, defend, and hold harmless the City and its officers,officials, agents,employees and volunteers from and against any and all liability,claims, actions, causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature, 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 all other costs and fees of litigation. 13. INSURANCE: On or before the commencement of the term 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) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: 500,000 City of Cupertino Consultant Master Agreement Program&Project Management Services-Bruce E.Biordi Page 4 of 11 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 automotive 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 Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City,its City Council,boards and commissions,officers,employees and volunteers shall be named as an additional insured under all insurance coverages, except any 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 may 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. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment,transfer or other disposition of any of the issued and outstanding capital stock of Consultant; or of the interest of any general partner or joint venturer or syndicate member or cotenant,if Consultant is a partnership or joint venture or syndicate or cotenancy,which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent(50%) or more of the voting power of the corporation. 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 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 Consultant Master Agreement 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 Consultant Master Agreement Program&Project Management Services-Bruce E.Biordi Page 9 of 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 CONSULTANT CITY OF CUPERTINO BR CE E.BIORDI A Municipal Corporation A le Proprietor 0 By Name Brice F. Biordi Timm Borden,Director of Public Works Title Owner Date Date APPROVED AS TO FORM: Tax I.D. No.: 587-90-1072 Dw"-Iu Carol Korade, City Attorney Address: 398 Cloverdale Lane ATTEST: 1 San Jose, CA 95130 Grace Schmidt, City Clerk s Contract Amount: $80,000.00 Encumbrances be by Service Order Only City of Cupertino Consultant Master Agreement Program&Project Management Services-Bruce E.Biordi Page 11 of 11 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 o—y(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 CITY'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 standard form consultant master agreement-exh A October 2013) 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 established 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 standard form consultant master agreement-exh A October 2013) 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 EXHIBIT City of Cupertino Exhibit B-Service Order Process Program&Project Management Services-Bruce E.Biordi Page 1 of 1 standard form consultant master agreement-Exh B October 2013) EXHIBIT 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 Master Agreement Hourly Rate Project Executive/Project Manager 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 Exhibit C-Compensation Program&Project Management Services-Bruce E.Biordi Page 1 of 2 standard form consultant master agreement-Exh C October 2013) 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 5f business 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 standard form consultant master agreement-Exh C October 2013) B DATE(MM/DD/YYYY) of•® CERTIFICATE OF LIABILITY INSURANCE 04/30/2015 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 CONTACTNAME: Hiscox Inc.d/b/a/Hiscox Insurance Agency in CA aCINNo Ext): (888)202-3007 a c No): 520 Madison Avenue E-MAIL contact@hiscox.com 32nd Floor INSURERS AFFORDING COVERAGE NAIC# New York,NY 10022 INSURER A: Hiscox Insurance Company Inc 10200 INSURED INSURER B: BRUCE E.BIORDI INSURER C: 398 CLOVERDALE LANE INSURER D: INSURER E CAMPBELL CA 95008 1 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 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 BEEN REDUCED BY PAID CLAIMS. INSR ADDTYPEOFINSURANCEINSDWVDSUBRIPOLICYNUMBER POLICY EFF POLICY EXP LTR MM DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDICLAIMS-MADE /\ OCCUR PREMISES Ea occurrence $ 100,000 MED EXP(Any one person) $ 5,000 A Y Y UDC-1393781-CGL-14 10/28/2014 10/28/2015 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY F JECT LOC PRODUCTS-COMP/OPAGG $ S/T Gen.Agg. OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ Ea accident ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOSNON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE DED I I RETENTION$ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT I s DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers while acting under the direction of City of Cupertio are named as an additional insured.The Hiscox General Liabilitypolicy is endorsed with waiver of subrogration endorsement E5402 in favor of City of Cupertino,its City Council,boards and commissions,officers,employees and volunteers CERTIFICATE HOLDER CANCELLATION City of Cupertino,its City Council,boards and commissions,officers, employees and volunteers SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 10300 Torre Ave THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CUPERTINO,CA 95014 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD HI c OHISCOX INSURANCE COMPANY INC. (A Stock Company) J X 104 South Michigan Avenue, Suite 600 Chicago Illinois 60603 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 the Named Insured.The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Named Insured:BRUCE E. BIORDI Insurer Name: Hiscox Insurance Company Inc. Policy Number: UDC-1393781-CGL-14 Type of Coverage: Occurrence Policy Effective Date: October 28, 2014 Policy Expiration Date: October 28, 2015 Limits of Insurance Each Occurrence: Is 1,000,000 Damage to Premises Rented to You: 100,000 Any one premises Medical Expense: 5,000 Any one person Personal&Advertising Injury:Is 1,000,000 General Aggregate: 2,000,000 Products/Completed Operations Products-completed operations are subject to the General Aggregate Aggregate: Limit General Aggregate Limit applies per: Policy Description of Endorsements/Special Provisions Not applicable May 04, 2015 Authorized Representative Date CG DS 01 01 10 Includes copyrighted material of Insurance Services Office, Inc.,with Page 1 its permission. ©ISO Properties, Inc.,2000 HI c OHISCOX INSURANCE COMPANY INC. (A Stock Company) J X 104 South Michigan Avenue, Suite 600 Chicago Illinois 60603 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 the Named Insured.The limits shown below are the limits provided at the policy inception. Subsequent paid claims may reduce these limits. Named Insured:BRUCE E. BIORDI Insurer Name: Hiscox Insurance Company Inc. Policy Number: UDC-1393781-CGL-14 Type of Coverage: Occurrence Policy Effective Date: October 28,2014 Policy Expiration Date: October 28, 2015 Limits of Insurance Each Occurrence: 1,000,000 Damage to Premises Rented to You: 100,000 Any one premises Medical Expense: 5,000 Any one person Personal&Advertising Injury: 1,000,000 General Aggregate: 2,000,000 Products/Completed Operations Products-completed operations are subject to the General Aggregate Aggregate: I Limit General Aggregate Limit applies per: Policy Description of Endorsements/Special Provisions Not applicable Additional Insured Status 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 an 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. ©ISO Properties, Inc., 2000 H I SCOX HISCOX INSURANCE COMPANY INC. (A Stock Company) 104 South Michigan Avenue, Suite 600 Chicago Illinois 60603 City of Cupertino, its City Council, boards and commissions, officers, employees and volunteers whil May 04, 2015 Certificate Holder Date May 04, 2015 Authorized Representative Date CG DS 01 01 10 Includes copyrighted material of Insurance Services Office, Inc.,with Page 3 its permission. ©ISO Properties, Inc.,2000 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1393781-CGL-14 Named Insured: BRUCE E. BIORDI Endorsement Number: 16 Endorsement Effective: October 28,2014 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, its City Council, boards and commissions,officers, employees and volunteers whil 10300 Torre Ave Cupertino,CA 95014 Information required to complete this Schedule if not shown above,will be shown in the Declarations. Section II — 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 Properties, Inc.,2004 Page 1 of 1 HI SCOX Hiscox Insurance Company Inc. Policy Number: UDC-1393781-CGL-13 Named Insured: BRUCE E. BIORDI Endorsement Number: 20 Endorsement Effective: October 28,2013 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) Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CITY OF CUPERTINO MASTER AGREEMENT CONSULT ANT SERVICES SERVICE ORDER NO. 12 MASTER AGREEMENT PO#: 20154,4,4fA) Qt)1 M.A. Date: 12/31/18 Amended -Maximum Compensation: $120,000 S.O . Acc't No.: 420-99-007 900-905 PVAR 002 Consultant: Firm t\ame: Bruce E. Biordi Address: 398 Cloverdale Lane, San Jose CA 95008 Contact: Bruce Biordi Phone: ( 408) 480-4370 ------------------ Project Description: Project Name: Senior Center ADA Sidewalk [x]Description: (simple project description if appropriate) Perform up to 81 hours of project managementservices from project inception thru closeout Attachment A: Includes Description of Project, Scope of Service , Schedule of Performance and Compensation City Project Management Managing Department: Public Works . Project Manager: Michael Zimmermann Fiscal/Budget : Amount Master Agreement Maximum Compensation: $120,000 ----------Tot al Previously Encumbered to Date: $65,886 Encumbrance this Service Order: ===========c::::$:s:,6:z_g;):o:-· . Total Liquidated Encumbrance: $34,650 ----------Master Agreement Unencumbered Balance: $83,094 ---------- Contract Manager: Michael Zimmermann Date: 7/26/2018 Approvals: l 1 CIP Manager: Date: 8/1/18 Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and t1;at fund are available as of this date of s ignature City Finance, ~ /,JJtJJ'J,- ManagentAnalys Date: rlr/ 1 J City o f Cupertino Master Agreement Page 1 of 1 Service Order No. CITY OF CUPERTINO MASTER AGREEMENT CONSULT ANT SERVICES SERVICE ORDER NO. 13 MASTER AGREEMENT PO#: 2015-~) c.J-6/ M.A. Date: 12/31/18 Amended . Maximum Compensation: $120,000 5.0. Acc't No.: 420-99-065 900-905 ST 032 Consultant: Firm Name: Bruce E. Biordi Address: 398 Cloverdale Lane, San Jose CA 95008 Contact: Bruce Biordi Phone: (408) 480-4370 -------------- Project Description: Project Name: De Anza Median Island Landscaping Ph 2 [xloescription: (simple project description if appropriate) Perform up to 123 hours of project managementservices from project inception thru closeout Attachment A: Includes Description of Project , Scope of Service, Schedule of Performance and Compensation City Project Management Managing Department: Public Works Project Manager: Michael Zimmermann Fiscal/Budget : Amount Master Agreement Maximum Compensation: $120,000 ----------Tot al Previously Encumbered to Date: ______ .....,,...$_7_1,::'\ Encumbrance this Service Order: ------C--==,..$_8_,~---- Total Liquidated Encumbrance: $34,650 ----------Master Agreement Unencumbered Balance: $74,484 ---------- Contract Manager: Michael Zimmermann Date: 7/26/2018 Approvals: - CIP Manager: Date: 8/1 /18 Appropriation Certilic tion: l 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 Fin.ance: pJL1L u AA* Date:( ad If "'=•~alyst ~'w "1ltlC! City of Cupertino Master Agreement Page 1 of 1 Service Order No.